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Inside the Peary Expedition: Part 14: Aftermath: June 10, 1910: Franke sues Robert E. Peary

Written on July 23, 2021

After the adverse findings of the commission appointed to examine Dr. Cook’s records at the University of Copenhagen in December 1909, and the superficial examination Peary’s records received by the National Geographic Society the previous month that resulted in a favorable verdict on his claim, Peary was generally acknowledged as the discoverer of the North Pole. After some preliminary lectures in the United Sates, he set off on a triumphal tour of Europe where he was honored and awarded gold medals and other honors. While staying at the Adlon Hotel in Berlin, however, he received something he didn’t want; he was served papers in connection with a suit brought by Rudolph Franke aimed at recovering the monetary equivalent of the furs and other belongings he claimed Peary had extorted from him at Etah in August 1908.

In connection with this suit Franke filed the following deposition:

“To carry out Dr. Cook’s orders, the complainant transferred the things from Annatok {sic} to Etah and from there to Arwagluari-Po[i]nt. This last point was especially difficult as it lead over the very dangerous glacier known as the Morris K. Jesup Glacier, partially melted by the sun. The complainant suffered from a serious sprain to one of his legs. In Arwagluari-Po[i]nt the complainant left his things together with a letter asking passing whalers or any other ship to take the same to New York. In this letter he said the things belonged to Dr. Cook and should be given to Mrs. Cook. The complainant returned to Etah and from there to North Star Bay in a boat. This is a station of the Whalers. Here he left news that he was sick, and any ship happening along the coast to take him aboard or to look for him in Etah, and after his return to Etah, he found there the defendant’s ship ‘Roosevelt’ which ship was joined next day by the Eric {sic}.

“In spite of the fact that the defendant had received the letter left by the complainant at North Star Bay, he offered no assistance. Proof that the complainant received letter as follow: Sworn to by witness Joe White 419 West 39th Street, New York City and for the articles left, testified to by Dr. Cook whose address will be given later.1 The defendant is required to swear the above is true. Furthermore the testimony of the witnesses named below to whom the complainant told the course of this Expedition and showed his drawings which same drawings were placed before the Cook Commission in Copenhagen.

“The defendant was not present when the complainant arrived in Etah, being off on a hunting trip. The physician of the Expedition cared for the complainant. Upon return of the defendant he asked the complainant if he had articles and if so where. This question was only put to give the impression that the letter left at North Star Bay by complainant had not been found by defendant. The Complainant told defendant which articles he had and where they were to be found. He also told defendant that Dr. Cook had requested him to bring these articles to N. Y. and that they belonged to Dr. Cook. Following is the list of the items: 200 blue fox skins valued at from 40 to 50 thousand mark, 7 pieces narwhal horns valued per piece 6 to 7 hundred mark [each], 2 dozen narwhal teeth2 valued 1000 mark Sworn and testified to by Joe White.

“The companion ship Eric was to return from Etah to N. Y. so the complainant asked that he and his articles be taken to N.Y. The defendant made reply that under no consideration would he transport his belongings but if he gave up his furs which the defendant needed for his Expedition he would allow him pass[age to] go on the ship. Testimony as before. Furthermore the defendant told the complainant he would try his utmost to find Dr. Cook. As the complainant was very ill and believed he would die shortly also that the defendant would use furs and narwhal horns solely for his expedition and because he believed that the defendant would do all possible in the interest of the complainant’s employer namely, Dr. Cook, he consented to have his belongings removed by the defendant’s Eskimos from Arwagluari-Po[i]nt. This was soon done and the defendant forced the complainant to give him his belongings on board the Roosevelt. He also forced him to write letters of August 11 and 13th, 1908.3 As compensation for his passage to N. Y. Complainant gave to defendant all his provisions of which he had goodly supply. Testimony as before.

“The complainant began his return on board the Eric and was bedridden the first few days. As he grew better, he learned the return of the Eric had been provided for by a Mr. Norton and that defendant had nothing to do with same. He further learned much to his surprise that many blue fox skins as well as narwhal horns were to be found on board the Eric. The complainant felt sure that he could swear that two narwhal horns were done up in the same packing in which he, the complainant had placed them and directed to the former President of the U. S., Roosevelt. Testimony as before. The complainant has learned that the defendant has made presents of blue fox skins given by the complainant to the following: Pres. Roosevelt, the present President Taft and Mrs. Taft, Capt. Sam Bartlett, Brigus Newfoundland, Mr. Craft from Carnegie Institute, Washington D.C., Edd Larned, 156 Broadway, N.Y. City, Frank Norton, 589 Exchange Place, 14 Etage, N.Y. city, Harry Whitney, Newhaven, Connecticut, U. S. A. In consequence of the above having received blue fox skins and they they {sic} were the same skins given to defendant by complainant the testimony of same will be taken. Mr. Sam Bartlett and Mr. White and crew of the Eric whose names will be given later. The testimony of Capt. Osborn, 138 East 23 Street, N.Y. City is especially important. He is acquainted with all the details relative to the arrival of skins, belongings etc. All the before mentioned articles namely, blue fox skins, narwhal horns, narwhal teeth and provisions were the common property of Dr. Cook and complainant. Cook had agreed with complainant that later on the amount received by the sale of the various articles would be divided between the two as compensation for the Expedition. Testimony of Cr. Cook and his letter, March 17-1908. Further, It must be taken into consideration that it is the right of an old custom to divide the spoils of such an expedition between the others of the same. In this case there were only Dr. Cook and the complainant who took part in the Expedition, so in accordance with this oldtime custom, they should share all share alike.

“When complainant declared all his belongings as Dr. Cook’s property and as such gave them over to defendant, it was with this idea to secure better protection as Dr. Cook is better known here and personally acquainted with defendant, while complainant is unknown, being for the first time in this region.

“The defendant is duty bound to make good to the complainant the value of the different articles. It has already been mentioned that complainant was seriously ill and unable to care for himself. He needed the care of a Dr. and the Whalers on board of which he had accepted to return were gone, therefore he was at the mercy of the defendant and compelled to accept his terms. As the Eric now remained the only ship on which he could return, all this the defendant knew and still refused to give complainant passage if he insisted upon taking his belongings with him.

“The complainant also learned that the statement made by defendant in which he declared the great need of the furs for his expedition to be untrue, as Complainant afterward learned that defendant was richly provided with skins and that same had already been fashioned into garments. Testimony Henry Jo[h]nson Arctic Club 139 E. 23rd Street New York City.

“As has already been testified to, the defendant had no need of the skins etc. for his expedition, but made presents with some of them, sent home by the Eric and turned the rest into money. The defendant doubtless made the presents to those in authority with a view of gaining their favor for himself, characteristic are the two letters of August 11 and 13th, which the defendant had ordered to be written to protect himself against future criticism. As soon as complainant brought his case before the public these letters were published in the New York Times, the paper favoring Peary.

“The date of the paper in which these letters were published is to be found in court. We have already mentioned and put under consideration of experienced people that the skins had a value of from 40 to 50 thousand mark, narwhal horns valued for 4200 to 4900 mark, walrus teeth valued 1000 mark, the total amount being from 45 to 55 thousand mark. The complainant has a right to claim one half of the amount revived by sale of said articles.

“In this case 20,000 mark are required to be paid by defendant to complainant.4

“All explanation and transaction in reference to the above mentioned case between defendant and complainant will be fought.

“The defendant is not in position to return the goods to complainant as he has either sold or made presents of same. On this account he has to be sworn in.

“In conclusion, it will be stated that the Complainant asked aid of the German Rotschafter (consolate) in Washington and was told to go to German authorities.

“Copy to be found in the Gerichtsschreiborei [Judicial Reporters], Berlin, June 8-1910

Lawyer,

Richard Thiel.”

1 At the time of this deposition, Frederick Cook had not been heard from since November 1909, and his whereabouts were unknown.

2 Actually the “narwhal teeth” were walrus tusks.

3 See these letters in previous posts in this series.

4 A German Mark at the time was equal to 20 cents, or 5 marks to the dollar. A dollar was worth approximately 25 times as much as it is today in buying power. So 20,000 M would be $4,000, with the buying power of today’s dollar of $100,000.

A typed copy of the deposition is among Peary’s papers at NARA II.

Filed in: Uncategorized.