Stubborn recklessness

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Stubborn recklessness

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The June 25, 1874, Leavenworth Weekly Times carried a story on page three under the captivating title, “Strange Homicide”.

On further investigation the homicide spoken of had occurred west of Hutchinson, Kan., in Medora Township.

Although first created by the Kansas State Legislature in 1868, Reno County was not provisionally organized until Jan. 1, 1872.

Townships were organized as population growth allowed for political administration of the designated district. To begin with, one township, Reno Township, covered the entire county. When other townships were founded they were taken from Reno Township, slowly whittling it down to a manageable size.

Quite a few townships were organized by the time Medford Township was founded. It was not quite three months old when the newly elected Medford Township Constable, Thomas Givens, was sent to Louis Frecant’s place to collect on a judgment placed against Frecant by Justice of the Peace Leander S. Shields.

Frecant stayed to himself, apparently enjoying the isolation of his prairie home. A French man by birth, the Weekly Times news article described the single man as, “uncommunicative, having nothing to do with his neighbors.”

Despite his preference for solitude, Frecant did reach out to a man by the name of Coyle, hiring him to dig a cellar.

However, Frecant refused to pay, which brought Constable Givens into the story.

On Thursday, May 18, 1874, Givens confronted Frecant at his homestead. He had been authorized to confiscate Frecant’s horses in lieu of payment. The angry Frenchman let constable Givens know in no uncertain terms that “if he attempted anything of the kind he would kill him.”

Givens backed away, but he was not done. Passing through the township, Givens collected a posse and returned to the Frecant place.

“But the obstinate Frenchman was not in the least dismayed.”

Reaching for a nearby “chopping axe” Frecant faced the entire posse, wielding the axe with the authority of one resolved to kill or be killed. Placing his back against the stable, Frecant declared that the posse would have to kill him to get the horses.

Givens tried to explain his legal authority to take the horses but as Frecant’s understanding of the English language was imperfect, and Givens was struggling to understand Frecant, they were once again at an impasse.

Givens again backed away. Hoping to resolve the conflict peacefully the constable sent for another Frenchman living in the neighborhood to reason with Frecant.

“But it was to no purpose.”

Frecant was adamant that he would die before he would let his horses go, and reassured the men of the posse that “they might overpower him but he would kill one first.”

Givens chose not to press the issue. The posse was dismissed, and Givens rode to Hutchinson to ask for a state warrant for Frecant’s arrest. The warrant was placed in the hands of Undersheriff John McMurray, who again proceeded to the homestead of Louis Frecant.

McMurray, a livery operator, drove a wagon west from Hutchinson toward Frecant’s place. Neighbors warned McMurray that the defiant Frenchman had bought a pistol the night before and would never be taken alive. McMurray was undeterred, but he did persuade one of the neighbors, M. B. Cochran, to go with him. Cochran had been with Givens’ posse two days before and knew full-well what they were up against.

Before Frecant could see them approaching, Cochran got out of the wagon and made his way around to the back of Frecant’s house. Frecant didn’t know McMurray, and not suspecting he was a lawman, allowed him to come close to hitch his team. Frecant was so friendly that he casually leaned against a wagon wheel and struck up a conversation of broken English.

Once the horses were tied McMurray stepped forward, placing himself between Frecant and the house. With a slip of his hand McMurray grasp Frecant by the arm and announced that he was a prisoner “by virtue of a state warrant”.

Startled, but still defiant, Frecant yelled that he would die first and struggled with the officer, pushing him toward the house. His trusty axe was almost in reach. Cochran ran to McMurray’s defense, striking Frecant over the head with his pistol, but Frecant, desperate and bleeding went for McMurray’s pistol. In the struggle McMurray fired at Frecant’s legs but missed. The next instant Frecant grabbed the pistol. McMurray pulled the trigger and in the flash of gun smoke a lead ball entered the Frenchman’s breast.

From all accounts the Weekly Times “Strange Homicide” could more accurately have been described as stubborn recklessness, a malady that was all too common on The Way West.

The Cowboy,” Jim Gray is author of the book Desperate Seed: Ellsworth Kansas on the Violent Frontier, Ellsworth, KS. Contact Kansas Cowboy, 220 21st Road, Geneseo, Kan. Phone (785) 531-2058 or kansascowboy@kans.com .