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 Yesterday afternoon an agreement was reached and both complaints were withdrawn.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.