1870s Sault Ste. Marie MI

In 1923, Stanley Newton published “The Story of Sault Ste. Marie and Chippewa County.” This is part twenty-three of a continuing series about the history of Sault Ste. Marie and the area in its early years. I have left punctuation and grammar intact. – Laurie Davis

Early Financing

There was no great need of a local bank at that time, as there was but little currency in the village. In the winter season, the Fort Brady soldiers’ paychecks were the largest medium of exchange. The three or four stores issued tokens or printed cardboard checks of various colors according to denominations. A token reading “Good for 50 cents, Thomas Ryan,” or signed by Trempe & Bros., or M. W. Scranton, might pass from hand to hand as currency all winter long, and would be accepted as currency at any store. In the spring, the merchants held a clearing house and liquidated their outstanding obligations in tokens. So universal was the use of this local currency that the churches took considerable amounts of it in their Sunday collections.

A Rainy Night at the Show

The first theatre in the Sault was originally an old Government warehouse which stood where now is the northwest corner of Brandy Field. The building stood over the river on a pile dock, and the first play shown there was “East Lynne,” back in the seventies. Afterward, local talent and companies from below used a skating rink as a theatre, which stood in Ashmun Alley where Belanger’s livery is now. This building was in rather dilapidated condition, and old residents recall their visits to the theatre on rainy nights, when they sat with raised umbrellas while the show proceeded. 

Smith’s Hall

Smith’s Hall was a noted place of amusement in the Sault in the late seventies. It was owned and operated by “Gassey” Smith, locally famous as an actor and comedian, and it stood on the present site of Charles Beckingham’s store. Pete Rivers owned and managed another theater on Water Street. Both these show houses were successful until the boom times in the eighties brought out the old Opera House on Arlington Street, which did an excellent business under the management of Mr. Percy Jordan up to the time of its destruction by fire in 1917.

The Grand Opera House was constructed in 1886-87 on Court Street, by outside capital. This structure was afterward remodeled and enlarged and is now the First Baptist Church Building.

When Gage and Whait erected a hardware store on the present site of the Soo Hardware retail building, it was about the first business place standing in the village south of Water Street. Their advertisement in the Chippewa County News mentioned their location as the Mackinac Road near the courthouse. This Mackinac Road, of course, became Ashmun Street, named for Mr. Samuel Ashmun, father of Mr. Edward Ashmun, former Justice of the Peace and Postmaster of the village.

A Most Unusual Case

It was Judge Ashmun who tried in the township court the classic case of Jerry Brennan. Here is the record, taken verbatim from the minutes of the court clerk:

People of the State of Michigan
vs.
Jerry Brennan

January 7, 1873.

Sault Ste. Marie Township Justice Court
before Edward Ashmun, Esquire,Justice of the Peace.

Warrant issued Jan. 7, 1873, against Jerry Brennan, on complaint of Lester McKnight, on a charge of intoxication. Warrant made returnable forthwith, same being personally served.

Defendant duly appeared in court and plead not guilty. Geo. W. Brown as prosecuting attorney for the people.

Lester McKnight, sworn, says he saw Jerry Brennan drunk on the 6th inst., about 4 o’clock p.m. Says he was staggering.Jerry Brennan, sworn, says he took two small drinks at his home on the 6th January, 1873, and that he got his liquor from his sister-in-law in Detroit last fall in a jug.

Dr. A.P. Heichhold, sworn, says that he saw defendant on the 6th inst., and he was unsteady on his feet. Saw him, the defendant, on the street, and he appeared to be drunk. Saw him that day with Parr, the butcher, getting some beef. Asked Parr if Jerry was drunk, and he said, as drunk as a lord.

Thomas Parr, sworn, says that he saw Jerry Brennan on the 6th inst., that Jerry came to his place to look at some beef. He thought from defendant’s appearance that he was drunk, but not drunk enough, but what he could make a good bargain. From his tongue, he appeared to be drunk or in liquor.

Bridget Brennan, sworn, says that Jerry Brennan had been drinking beer on the 6th January, 1873.

George Kemp, sworn, saw Jerry Brennan on the 6th inst., about 1 o’clock p.m., he appeared to have taken a drink or two.

Pat Murphy, sworn, I board at Jerry Brennan’s. Was there yesterday, the 6th January. I know James Sullivan.

Question: Did he give you any money to buy spirituous or intoxicating liquors?
Answer:  He gave me no money to get any liquor, only to get medicine.
Question:  Do you know if Jerry Brennan drank any intoxicating liquors yesterday? Witness would not answer.
Question repeated: To your knowledge, did Jerry Brennan drink any intoxicating liquors yesterday, and did you furnish him with the same?
Witness reply: I’ll be damned if I’ll tell you.

There upon the said witness Pat Murphy was committed to jail for contempt of court, and court adjourned until 5 p.m.

Court reopened at 5 p.m. Present Edward Ashmun, Justice of the Peace, for the people Prosecuting Attorney Geo. W. Brown. Defendant Jerry Brennan in court. Witness Pat Murphy brought into court by Sheriff Francis Lessard.

Question by Prosecuting Attorney Brown: Pat Murphy, where did you get the spirituous or intoxicating liquors that you took to Jerry Brennan yesterday, the 6th January?
Answer: It’s none of your business where I got it and damned if I’ll tell you.
Question: Did you, or did you not take spirituous or intoxicating liquors to Jerry Brennan yesterday, Jan. 6th 1873?
Answer: I’ll rot in jail before I tell you.

Whereupon said witness Patrick Murphy was remanded to jail, and court adjourned until Thursday, Jan. 9th, at 10 a.m.

Court opened Jan. 9th, 1873, at 10 a.m., Justice of the Peace Ashmun present, Prosecuting Attorney Brown appearing for the people. Pat Murphy was brought into court by Sheriff Francis Lessard.

Question by prosecutor: Witness Pat Murphy, are you prepared to tell the court where you got the liquor that you procured for Jerry Brennan Jan.  6th?
Answer: Do you remember what I told ye?

Whereupon, and after further refusal to answer, the said Justice did commit the said witness Pat Murphy to the safe keeping of the keeper of the jail of said County, until the said Pat Murphy would so testify, or until he was discharged therefrom by due process of law. And the court stood open till such time as the said Pat Murphy was willing to testify and answer the above questions.

And on the 13th day of January, 1873, the said Pat Murphy manifested a disposition to testify and answer the above questions as above required. And the said Pat Murphy did, on the said 13th day of January, 1873, make the following affidavit, to wit:

State of Michigan
Chippewa County

Pat Murphy, being duly sworn, deposes and says that Jerry Brennan, the defendant in the above case, did drink spirituous and intoxicating liquors on the 6th January, 1873, and that he, the said deponent, Pat Murphy, did obtain the said spirituous or intoxicating liquors that the said Jerry Brennan so drank of one Tom Ready in the Township of Sault Ste. Marie in said County, on the 6th day of January, 1873.
Signed, Pat Murphy

Thereupon, the Justice ordered the keeper of the jail to discharge Pat Murphy from custody, and also Jerry Brennan, previously committed.

Thus was even-handed justice dispensed in the old days, justice tempered with mercy. Jerry had a good time, Tom got the money, and the loyal Pat suffered for his friend.

“Soo Law” was famous in the seventies and the eighties for its rough and ready justice. The local justices were impatient with the Gordian knots of legal technicalities. They hadn’t the time to untie these knots, so they cut them with the sword of expedition. They scorned the law books and made their law to order, and often it was very fair law, too.

• Author
• Recent Posts

Laurie Davis, Columnist

Laurie Davis is a Christian writer based in Sault Ste. Marie, MI. She is an avid reader and letter writer. She is a non-furry parent to her two cats, Alex and Maverick. Her work has been featured throughout the United States and abroad. She appreciates all feedback and comments. You can reach her at lauriedavis@eupnews.com.

Latest posts by Laurie Davis, Columnist (see all)

• 1870s Sault Ste. Marie MI - April 1, 2025
• The Mystery Man - March 10, 2025
• Reverend Thomas R Easterday - February 3, 2025