The Franz Family Legal Woes

A family spoken of frequently in the Philipsburg Mail was the Franz family. Their ranch was located at what was called Three Mile, about 5 miles north of Philipsburg. 

One of the first researched articles discussed an amicable agreement in Judge Connolly’s court on July 18, 1901. The case was between X. Bennett and Mrs. Ed Franz and her two sons. “The trouble arose over a dam across Flint at the head of Bennett’s ditch, which is located in Mrs. Franz’s field. The backwater caused by the dam flooded Mrs. Franz’s field and damaged the meadow. Bennett refused to listen to her complaints so she ordered her son, Robert to cut the dam out. Bennett thereupon had the young man arrested for interfering with his ditch. This was last Saturday. On Monday he had the other son Ed arrested for threatening his son Ephram. The cases occupied the police court for several days this week. Numerous witnesses were called to testify and the grievances of both parties were thoroughly aired. Yesterday afternoon an agreement was reached and both complaints were withdrawn. Both Mrs. Franz and Mr. Bennett made some concessions and agreed to live in peace and harmony, as good neighbors should, and thus a happy ending was secured in a quarrel involving two of the most respected families of the lower valley.” The Franz family remained but the Bennett family moved to Anaconda according to notes in the Mail during WWI. 

The next incident involving the Franz family was in October of 1905 when Robert Franz “of the three mile house, eldest son of Mrs. Ed Franz came near being instantly killed by the accidental discharge of a shotgun one day last week [October 13]. The charge tore away practically the entire left hand, leaving only the little finger and inflicted a painful wound in the young man’s breast and face. Sixteen shot were removed from the breast and several stitches were required in his face where his lip was badly cut.” The accident happened while Robert and his brother Edward were driving home from the Loughrin place (several miles from the Franz ranch.) The boys had bought an old wagon bed from Mr. Loughrin and went down with a team and running gears to get it. They had taken a shotgun with them. On the way home they got tired of standing up and decided to make a seat to sit down on. Finding a piece of fence rail they proceeded to build a seat. The shot gun was stood up against the side of the wagon and while adjusting the seat it was bumped and began to fall. Ed grabbed for it as it fell and caught hold of the muzzle just as the gun went off. “It was nothing less than a miracle he was not instantly killed.” 

During this same time period the Water Suit against the Power Company was decided and the Franz family was awarded two water rights; Sixty inches appropriated November 3, 1895 and 75 inches appropriated June 1, 1901. 

Headlines in the January 12, 1906 Mail were “A Big Sensation” followed by this story. “Mrs. Theresa Franz and her two eldest sons Robert and Edward, were placed under arrest Wednesday afternoon and charged with the murder of George Reed, a woodchopper, whose remains were found buried in Wyman gulch last August. 

An information charging murder in the first degree was filed by County Attorney G.A. Maywood in the district court Wednesday and the arrest was made the same day. The accused were brought into court Thursday morning to be arraigned and answered their true names as given in the information. Mrs. Franz engaged Judge D.M. Durfee, as her attorney, and her two sons, being financially unable to employ counsel, the court appointed Attorney W.E. Moore to defend them. The case was then continued until 5 o’clock Thursday afternoon at which time counsel for the accused filed motions to quash the information.  The arguments continued into the evening session and at the conclusion Judge Winston announced that he would give his decision at 8 o’clock, this morning. 

At the appointed time this morning Judge Winston gave his decision, over-ruling the motion to quash the information and ordered the defendants held to await trial. A pleas of not guilty was ordered entered for each. Mrs. Franz asked that she be admitted to bail, to which the court replied that the offense charged was not bailable, but he would consider the matter and advise by Monday whether or not he would grant the request.” To keep them apart, one son was taken to Deer Lodge; the other to Anaconda; Mrs. Franz remained in Philipsburg. 

With Mrs. Franz and her two sons in jail, The Philipsburg Mail continued covering the family in January of 1906 thusly: "The Franz family are old time residents of this county, having lived at their little ranch, five miles north of Philipsburg, for over seventeen years. They are industrious and hard working people and the arrest of the mother and two eldest sons has created quite a sensation here. The crime with which they are charged is a most dastardly one. George Reed was shot down in cold blood from behind, while at work in the timber near his camp in Wyman gulch. This was about the middle of last June. He was last seen about June first and it was not until August 26th that his remains were discovered in a thicket of underbrush where the murderer had buried them in a shallow grave. The gruesome discovery was made by James Schoonover while searching for cattle in that vicinity. Mr. Schoonover first found an old hat which led him to investigate further and then a tree cut down in an unusual place and left lying where it fell was found to mark the place where George Reed’s body was buried. The coroner’s inquest disclosed nothing and the verdict was to the effect that Reed met his death at the hands of some person unknown. The officers have been working diligently on the case, but what evidence they have to connect Mrs. Franz and her sons with the crime is not known. The January 19, 1906 Mail stated that Mrs. Franz and sons bail was set at $5,000 each. A short note on page two revealed: “ Mrs. Theresa Franz was released from jail Monday evening, her bond having been approved by Judge Winston. The sureties are August Greenheck and Henry Boge.” 

hen a few notes later in the column was stated: “Ed Franz, one of the men accused of killing George Reed, the woodchopper, was taken to Anaconda Monday by Sheriff McDonald to be confined in the jail there until his trial comes up in March. Since his arrest last month Ed has been locked up in the city jail, which is not considered a very safe place.” 

The February 16, 1906 Philipsburg Mail carried an article stating that between Friday and Sunday the prior week someone had broke into the Franz barn and carried off a martingale and other straps from a harness. Mrs. Franz was away for a few days and this occurred while no one was home. She stated she would prosecute the guilty party to the full extent of the law if she can obtain proof of who did the deed. 

On March 9, 1906 the Mail carried the following: “State vs Theresa Franz, Robert Franz and Edward Franz for murder. The defendants asked to be tried separately and the county attorney elected to try Edward Franz first and the cases were set as follows: Edward Franz, March 21 at 9:30 am; Robert Franz, March 22, 9:30 am; Theresa Franz, March 23, 9:30 am. All subject to motion for continuance. By request of the county attorney the court granted an amendment to the information on file in this changing the date upon which the crime is alleged to be committed from June 13 to June 18. The names for the following witnesses for the state were indorsed on the information: Clyde Lee, Archie McPhail, Ira Cutler, Louis Hendrickson, Mrs. Frank Elphison, John Duffy Jr., John Roe, D.H. Morgan, Mrs. James Dissett, and James Fischer. Charles H. Hall county attorney of Missoula county is to assist County Attorney Maywood in the prosecution. The attorneys for the defense are W.E. Moore and D.M. Durfee of this city and J.H. Duffy of Anaconda.” 

 

March 23 the court room was packed with spectators as the regular panel of forty persons called as jurors and two special venues of 25 each were exhausted over a two day period before a jury of 12 men was obtained for the Franz trial. The jurors selected were: J.J. Lawyer, Maurice Storer, H.L. Monahan, Nick Hoeg, D. Daigle, Riley Ritchey, Marx Mohr, George W. Carey, Thomas Buchanan, L.P. Kelley, Fletcher Kirk and Al Locke. 

County Attorney Maywood presented his case that Ed Franz had killed George Reed after having more than one argument with Reed witnessed by persons in Philipsburg. Also Ed Franz was said to have bragged to Clyde Lee that his 30-30 hanging on the wall was the gun he used to kill Reed with. Clyde Lee was not deterred from his statement during cross examination. After hearing 19 State and 23 Defense witnesses, which included former sheriff’s, Legislators and prominent citizens, the case went to the jury. 

Edward Franz’s trial outcome caused a sensation when the jury returned with an acquittal of the murder charge. Due to the long proceeding in Ed’s trial, Robert and Theresa’s trials were set over for June 12, 1906 according to the April 6, Mail. 

The June 1 Mail carried the notice that bids were being invited by the Granite County Commissioners for a number of cords of wood cut by George Reed before he was murdered. The minimum bid was to be at least $37 needed to defray the burial costs of Mr. Reed. The cords of wood were lying in timber about 5 ½ miles north-east of Philipsburg. 

When the June term of the district court convened, George Maywood filed the following motion: 

 1. That he believes that all the defendants are guilty of the crime charged in the information on file in this cause and has some considerable evidence of the guilt of each defendant, but that said evidence is insufficient to obtain a conviction of the defendants, Robert Franz and Theresa Franz, of the offense charge or of a lesser offense. 

 2. That ever since the last term of court he, the said county attorney has made a diligent effort and search to find evidence upon which to obtain a conviction of the defendants and has failed to obtain sufficient new testimony against said defendants to warrant the trial of said defendants on the said charge. 

3. That at the last term of court, Edward Franz, one of the defendants jointly charged in said information, was tried on the charge and acquitted, and that said trial and cause had been very much discussed by the people of Granite county and the county attorney believes that nearly all of the persons residing in said county and qualified to act as jurors therein, have formed an opinion as to the guilt or innocence of said defendants, and therefore it would be very difficult to obtain a jury in Granite county to try Theresa and Robert Franz and that the expense of obtaining a jury and the trial of said cause would be great.

Wherefore, the said county attorney requests the court to dismiss the said action and to discharge said defendants, Robert Franz and Theresa Franz. With that action Robert was discharged from custody and Theresa’s bail was exhonerated and the court adjourned. 

Suffice it to say that the persons on the defense list of witnesses covered many of the elected officials of the county and was heavy in law enforcement representation. 

In December, 1908 Johnnie Franz got up early on Saturday and built a fire. While standing around the fire Johnnie began playing with a giant cap from his trouser pocket. He put the cap against the hot stove and it exploded in his left hand taking off part of the thumb and forefinger, A piece of shrapnel struck him in the face causing a laceration near his eye. 

The voter registration list published in November 1912 lists Robert Franz as living on Section 2, Township 7 N., Range 14 W. ; and Edward on Section 36, Township 8 N., Range 14 W. Theresa is not listed. 

Theresa died April 21, 1926 at the Anderson Open Cross Ranch near Hall at the age of 70 and had lived in the lower valley for the past 38 years. She had lived for one and one-half years in Granite after arriving from Wisconsin in 1886. Funeral services were at the Anderson ranch and the body was shipped to Mabel, Wisconsin for internment. Survivors were: daughters: Mrs. Charles J. (Linda) Anderson, and Mrs. Charles B. (Hilda) Donaldson; sons: Robert, Edward, John and William; and unidentified grandchildren. 

Although her death certificate lists her as married to Eduard H. Franz and her maiden name as Weidewitsch research fails to provide any information about him. 

I know Edward, born 1880 died in 1953; Robert, born 1878 died in 1950 and John (Jack) born in 1896 in Philipsburg died in Deer Lodge hospital in 1961. During the 40’s Jack worked as an officer of the law in Philipsburg. He was married to Jennie and then Alice when he died. 

I have failed to find a death date for William who was born in 1899 in Philipsburg. Linda married Charles J. Anderson on July 5, 1906 in Missoula and she died May 9, 1965 at Granite County Memorial Hospital and is buried in the Valley cemetery. Hilda born in 1894 married Charles Donaldson of the lower valley. The 1940 Federal Census shows them with children: Ralph H.(21), Howard C.( 17), Rose L.( 15), Dorothy A.( 13), and Eugene F.(8) but I have failed to find her death certificate at this time.

The "Elephant" in the Valley

The Geological attributes of the lower Flint Creek Valley between Maxville and Hall are very obvious to even the untrained eye when you are driving on Highway One. In the April 9, 2020 Philipsburg Mail Jeff Conn described some of the shaping of the outcrops thusly: “Red Hill is the oldest rock in the valley and is unique because it actually has older rock sitting on top of younger rock that slid in from the Bitterroot. This happened because of the shifting of the continental plates 100 million years ago due to volcanic activity. At that time, Montana was made up mostly of sedimentary rock formed from shallow inland seas with prolific marine life. Due to the plates activity, the sedimentary rock in the Bitterroot then traveled 45 miles all the way to Deer Lodge. As it went westward it crumpled up rocks and slid over the top of others. In the case of Red Hill, the younger rock slid underneath the much older 1.4 billion year old Precambrian rock"

 Many papers have been published dealing with the geology and minerals in this area and a large deposit of papers are available at the University of Montana for anyone interested in pursuing this topic. One of the topics include the distribution of phosphate. J.T. Pardee in 1913 described the deposits of “the southwestern three-fourths of the Philipsburg field, including the Philipsburg and Maxville localities, lies within the Philipsburg Quadrangle, the exceedingly intricate geology of which was worked out in detail in 1906-1908 by F.C. Calkins. In the Philipsburg Quadrangle, therefore the probable distribution of the phosphate deposit as shown by outcrops of its inclosing rocks is already known…In the course of the present investigation the phosphate bed was uncovered at Philipsburg by trenching and was sampled near Maxville in a tunnel already made by private enterprise…Workable deposits of high grade rock phosphate (containing 60 percent or more of tricalcium phosphate) occur in both the Garrison and Philipsburg fields." 

Extensive beds of phosphate at Maxville were owned by the Montana Phosphate Company according to the February 4, 1916 Mail and Mr. John D. Fields was in Salt Lake City working on investments in the interest of the company. The belief was that in the not too distant future phosphate would be the ideal fertilizer for the world. In an experiment at the ranches of H.M. Morkassel in Warren, Minnesota they sowed 100 acres of wheat. They harvested 42 ½ bushels an acre from 70 acres and 17 ½ bushels an acre from the remaining 30 acres. The soil was the same in each section except that 14 tons of phosphate had been applied to the 70 acre section. The article stated that it was believed the phosphate applications would only have to occur once every four years.

Prosperity for Maxville was the headline in the Mail, February 6, 1920, “With the purpose of developing the large phosphate beds at Maxville, 12 miles north of Philipsburg, a fertilizer plant is to be erected at Maxville early in the spring by Fred Irwin and F.J. Russell of Spokane it was announced today, at a cost of $250,000 to $300,000 according to a story in the Wednesday issue of the Anaconda Standard. They declared they were assured of contracts for the delivery of 80,000 tons of fertilizer annually to the Japanese government and are negotiating with a large plantation in Hawaii. The contemplated plant, it is stated, will employ 300 men and will have a daily capacity of 500 tons of fertilizer. In all probability a railroad spur will be built from Maxville to the site of the plant on Boulder Creek to handle the product.” 

Seems it was not to be. Apparently the market and investment was not available until the 1940’s when the International Mineral and Chemical Corporation began exploring the Permian Phosphoria formation several miles up the Douglas Creek drainage area south of Hall. Because the phosphate was a lower grade than being mined at Garrison, upgrading by floatation was needed. They established a mill by the highway near Douglas Creek. 

Then in the 1960’s Cominco operated the mine with the mill part way between the mine and the highway. A railroad spur named the “Elephant” was established over the ridge with the railroad bed angling up the hill still visible behind the Open Cross Ranch buildings on the east side of the Highway. The Spur’s name "Elephant"was derived from Cominco’s fertilizer brand name. Dave Harris worked there and told Ted Antonioli they believed 40 years of reserves were there. Unfortunately. the company owned an open pit in Vernal, Utah that operated at a much lower cost so they closed, transferring the mill equipment to their properties in Greenland.

Judge Ferguson Of Henderson Gulch

Another pioneer of Henderson Gulch was Judge R.M. Ferguson, who was a resident of New Chicago when he died December 23, 1908 at the Sisters’ Hospital in Deer Lodge. The judge was 79 years of age and died of dropsy and heart disease. He had resided at the McPhail Hotel. His old time friend Col. G.W. Morse had accompanied the Judge to the hospital the day before. He walked from the station up to the hospital so everyone was surprised when he died the very next day. 

A native of Scotland, the judge came with his father to Canada in 1844. As an adult he came to Montana and located in Henderson Gulch over 40 years prior to his death (in the 1860’s). Mr. Ferguson opened a black smith shop and worked there until the placers ran out. Shortly after setting up the blacksmith business, he was elected as the Justice of the Peace and according to his obituary was successfully elected every term since that time. But I found a reference January 8, 1897 in the Mail stating :”New Chicago is now without a court of justice or peace officer as R.M. Ferguson’s term of office as justice and J.A. Carnegie as constable expired on Monday of this week, without anyone elected to take their places.” Obviously the populous got busy and appointed or re-elected their Justice of the Peace. 

The New Northwest frequently made mention of Judge Ferguson being in Deer lodge and noted he was appointed as an election Judge at McPhail’s hotel along with Archie McPhail and Peter Fowler in the October 5th paper and that he was paid $6.00 for performing as election Judge in December 1888. In 1887 they stated the Judge had returned from his Silver Bow Mines and would be in New Chicago for the winter in October. In 1896, Dr. James M. Sligh named Judge Ferguson as Public administrator and he was unanimously approved according to the Philipsburg Mail of March 1. 

In August (1896), William Smith, from Ohio had returned to visit Judge Ferguson. He was in partnership with the Judge, R.D. McRae and L.J. Hendrickson in placer mining Henderson Gulch until fifteen years before. Smith recently rented out his Ohio ranch and was planning on doing some prospecting in the valley. 

When the mining camp closed Judge Ferguson moved to New Chicago and set up his black smith business there. The Judge performed many marriages, but did not chose one for himself. There were no living relatives in America at the time of his death. He was a charter member of the Flint Creek Lodge No. 11 A. F. & A. M. and many members received their teachings from him. 

The Judge had lived at home and then at the McPhail Hotel where Mrs. McPhail took excellent care of him until a day prior to his death. The remains were brought by train from Deer Lodge to his home in New Chicago where the burial service took place under the auspices of the Ruby Lodge in Drummond under the direction of the Flint Creek Lodge. His body was then taken to the Methodist Church where Rev. Fulford performed a Christian service. Internment was in the Valley cemetery with Masonic Honors. At the time of his death the Judge was the longest serving Justice of the Peace in Western Montana.

A Mother's Anxieties

                                                  Maxine "Kopie" Ray Fessler circa 1941

Since the beginning of time a mother has had anxious thoughts before, during and after bringing a child into this world. Some historical events probably created more foreboding than others and the quote below describes such an occurrence. A dear friend, Lou Ann Fessler Schiveland, found the following newspaper clipping in her mother Maxine (Kopie) Ray Fesslers possessions. Obviously, this mirrored her thoughts as she brought her second daughter into the world. The news article from an unidentified paper, without a date was written by Ruth Millet. 

 “She is truly TODAYS MOTHER. Her child was born in one of the troubled months of 1940 or early 1941. She knew she would bring her child into an uncertain, insecure world even while she was deciding that one had a perfect right to do so. Never for a minute was she lulled into thinking that “everything would be all right” before it was a great deal worse. Some of her friends and a number of older people said. “How foolish to bring a child into this world at this time. Why didn’t she wait to see how things will go? For all she knows her husband may be in the army for a few months—and think how a baby will complicate her life if it becomes necessary for her to earn her own living.” 

They had all sorts of sensible sounding reasons for thinking TODAYS MOTHER was foolish. She could have answered them had she wished—for she herself had thoughts of every one of their reasons for waiting. But she had what she believed were better reasons for going ahead and having a child. The first reason was simple. She wanted a child—and she didn’t want to wait for it until world conditions straightened themselves out. Experts said it would take years. Then, too, she had faith in herself—faith that she could, if it became necessary, take care of both herself and her child, alone. Other women had done it—not only in war but in peacetime. 

Another thing, if war should come to America, perhaps she could get her child here for its father to see and enjoy a while before he was called away from home. It never occurred to her to question what kind of heritage she would be offering her child. She knew that he would be born into, live and grow up in a free country. His father is willing to fight to see that he does. And so are fathers all over the land. She has the child now, and she isn’t afraid of the future—her child’s future—even though she is wise enough to know that hard, perhaps tragic times are ahead. She is TODAYS MOTHER and proud of it.” 

Those of us born to these mother’s have never had any catchy label like Baby Boomers or Millennials. We have always just been called “War babies” and grateful for our mothers strength and courage to bring us into this world.