The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1851-01-04
fcm he M,mll6 Iagic.
LIFE ON THE TURNING OF A CARD,

\ FREUD narrated To II, day or two since
an anccdote of early times in Wcst Tcnnes-'
see, which We will attempt to repeat even at
the risk Of losing the graphic simplicity of
his conversational narrative.
some eighteen or twenty years since,
,vrl known Fosident ol Upton eouoly was
pat on tlial, charged with the murder Of his
wife \, usual in such case, popular feeling
was largely against himand all the cloqucnca
and ingenuity Of his counsel were required IA
make any impression in his favor upon tho
jury, which, however, impartial it might de-
sire to be- ia the consciousness of sworn duty,
could not but see the waves Of popular prcju-
dice surFiug in upon it.
The ease was ably argued. The counsel
tor the defence made a most vigorous and inn
passioncd appeal The case was submitted
to the jury, and lhci retrcd.to make up their
verdict. Time passed, andas the setting sun
slIl4ed !L - -...4'4 4-..
throng in attendance, the judge council, etc,
retired, all anxious, the accused not the least
so, to learn the verdict OF the jury, and somo
wondering rhUr rirU Jury huyttutut TOR uITU
moment to bring in n verdict of guilty. In
the meantime the jury had come To a point
beyond which they could progress no further.
The appeals OF the counsel oi the defense had
not been without their influence, and the jury
stood unchangenbly six for conviction and six
acquittal. Something had to be done. In
those days twelve good fellows could not be
got together for night, and sleep. Cards
appeared n,ysteriously from the depth Of sun
dry large pockets, and exercises in seven up
and poker were zealously commenced
zSu0urmtuuiTtrr uuu ut rhfUTTr rTurnberIT eoii=-
T.. proposed that they should play game of
seven up, the result TO decide the verdict
The proposition was heartily and unanimous
" agreed to, in all seriousness, and the whole
crowd CuttuCrUd around ot. I. and his oppo=-
ucnt, who proceeded to play the game
which was staked a human life. Col. p. play
I'D to save the accused. His oppo:>eut play
ed, and quite as zcalousy, to secure the con-
yiCion. Tho bIrizrrs,- FRYE --t,t.a- Gptr-stead-
buhiur them, encouraging the champons,and
watching the game, dim'y by the light of two
tallow candles, with the most intense inter
est.
The game proceeded with very equal for
tune, till both parties stood at six and six
1t was Col. P's deal he dealt, and turned
Jack. The prisoner was acquitted, and eve
ry man of the jury joined in n shout which
started the whole village, even the rcvelers
in "the grocery" Next morning the jury
went into court, and gave, TO the astonish-
mcnt of many the verdict of mot guilty.
The juryman who played an unsuccessful
game for human life, still lives, a much re-
spected citizen of this district. One Of tho
counsel il S-,ery distinguished member of the
Memphis bar, and the accused has as we boz
leve gone to higher court; but neither Of d.
them nor any Of the asssmblage, nor the
court, who marveled at the verdict, cightecn
years ago, have ever known that human
life was saved by turning Jack. There arc
sonIt curious episodes in the history of ouT
early settlements; but who would think Of
-rensering life upon turning Jack,