On November 25, 1883, he left for California “to check on his mining interests.” Ben came home to find his eldest son William had been arrested for selling liquor on Sunday.
At this time the county seat and courthouse were at Newaygo. The editor of the Newaygo Tribune was W. D. Fuller, an attorney, and a member of the Fuller family of attorneys, prosecuting attorneys, and a judge. The editor kept the readers of the Tribune well abreast of the county’s legal news and The People v. William. Ensley at the Justice of Peace level was reported in detail.

(Photo courtesy of Jan Burton)

(Photo Enhancement by Verduin Webs) 

It seems that on Election Day, April 7, 1884, three young men appeared at the Ensley Township polling place in an intoxicated condition and finally became involved in a fight. Justice James Cook, with the aid of a constable, restored order, but “for some reason failed to have the offenders arrested” for drunk and disorderly conduct. Instead, “some days afterwards” the young men were subpoenaed and two of them stated under oath that each of the three had bought one pint of whiskey at Ensley’s saloon on Sunday, the day before the election. Thereupon the county authorities were notified, and William Ensley was arrested for selling the liquor on Sunday.

This house was "de-built" into a residence from the Ensley Tavern. It sits on the northeast corner at "Four Corners" and originally sat on the northwest corner before it was moved. The store also sat on the northwest corner and burned down at an earlier date. The post office was another building next to the tavern. The post office always sat on the northeast corner. The "Halfway House" and hotel sat also on the northwest corner.

Click here for newspaper article from the Grant Library on Ensley's Tavern

(Photo taken by Verduin Webs)

The trial was before Justice Cook and a jury. Two of the men who were drunk and disorderly at the polls, Elmer Parker and William Lane, again testified that each had bought a pint of whiskey from young Ensley on Sunday. William Ensley testified that he had locked the keys to the saloon in the safe in the house where they remained until Tuesday. He, as well as his father testified that they were absent from the home during the afternoon. They produced witnesses to collaborate their testimony. The main witness in the case was William S. Hillman who testified that he had passed the saloon about eleven A.M. on Sunday and he saw the door open. The jury found young Ensley guilty and he was fined $100.00 (about three month’s wages at the township’s prevailing rate) and ordered to be imprisoned for ninety days. Ensley appealed to the County Circuit Court and trial was set for the June term.
When Mr. Hillman learned that the case was going out of the township, he immediately went to the County Prosecuting Attorney and informed the prosecutor that he had been mistaken as to the Sunday he passed the saloon, it had been the last Sunday in March. On this retracting of testimony given under oath, Mr. Fuller commented: “Of course no one can question the good faith of Mr. Hillman but just what effect his testimony had on the jury cannot be determined.”
The next week’s issue answered this query and the Tribune published a statement by the jurors in the case:

 
‘We the undersigned jurors in the suit brought against William Ensley for keeping his saloon open on Sunday, do hereby testify and solemnly swear that our verdict, based on the testimony of Elmer Parker and William Lane, would not have been different, or
in any way changed had William S. Hillman not have testified, or been sworn in said suit.

Melvin Cox,
Wm. A. Gillet,
Collins Clark,
J. B. Maynard,
C. H. Butler,
George L. Allen
Sworn and subscribed to before me this 12th. day
of May A.D. 1884.
James Cook,
Justice of the Peace.

With the appeal pending, the township board ignored the American principle that a man is innocent until proven guilty and took action which effectively denied Ensley’s saloon the license to sell liquor. Thereupon, Pierson Township issued him a license. The Tribune, reporting what had happened, said Ensley would be able to continue “manufacturing drunkards” from his saloon on the other side of the road. “Prohibition, absolute and unlimited, is the only remedy,” the editor wrote.

 

Picture:
Showing Ben's fabulous Pig House in its original location just north of the big barn and south of Kendallville Road. It was moved and converted into a residence by William Ensley (Ben's son) after the Palace burned down in 1896.

(Photo by Verduin Webs)

At the circuit court level the case was reduced to a single question of fact: Were the two young men who were drunk and disorderly at the polls telling the truth, or was William Ensley and his collaborating witnesses telling the truth. After two days the jury returned “unable to agree upon a verdict.” The case was set for the next session of court where, on October 7, 1884, the court granted a continuance to the January session. The editorial comment appeared in the Tribune, “He evidently fears a second trial and hopes a change of administration to avoid the same.” The paper duly informed its readers of the January court calendar noting after the Ensley case: “A fine opportunity is afforded for temperance people to attend this trial and lend their influence on the side of law and order.” The trial lasted three days and the jury found William Ensley “not guilty.” Thus it was that in 1884 the township was in step with the nation. In fact, it was in the front ranks - it had rid itself of its only saloon - which was now across the road in Ben's Big Barn.

 

 

 

Picture:
Shows the Smoke House and Outhouse in their original location. This picture was taken when Harry Hackbardt owned the property sometime in the late 60's or early 70's

 

 

 

 

 

(Photo courtesy of the White Cloud Public Library)

(Photo Enhancement by Verduin Webs)           

 

 

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