Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1865-11-23
Life on the Turning Of
a Card.

~. ~ S$SA N&N
A friend narrated to us a day or /
two since an anecdote OF early
times in West Tennessee, which
we will attempt to repeat, even at
the risk Of losing the graphic sim
plicity Of his conversational mar
rative.
Some eighteen or twenty years
since a well known resident of
Upton county was put on his tri-
al, charged with the murder of his
wife. As usual, in such cases,
popular feeling was largely against
him, and all the eloquence and in
genuity of his counsel were re-
quired to make any impression in
his favor upon a jury, which how
ever impartial it might desire to
be in the consciousness of sworn
duty, could not but see the waves
of popular prejudice surging in
upon it.
The case was ably argued. The
counsel for the defense made most
vigorous and imprisoned appeals.
The case was submitted to the ju-
fry; and they retired to make up
their verdict. Time passed, and
as the setting sun warned all Of
the approaching night, the large
throng in attendance, the judge,
counsel, etc., retired, all anxious,
the accused not the least so, to
learn the verdict of the jury, and
some wondering that the jury
hesitated one moment to bring in
a verdict of guilty. In the mean
time the jury had come to point
beyond which they could progress
no further. The appeals of coun-
sci of the defense, had not been
without their influence, and the
jury stood Interchangeable, six for
conviction and six for acquittal.
Some thing had to be done. In
those days twelve good fellows
could not be got together for night
and sleep. Cards appeared mystic
riously from the depths of sundry
large pockets, and exercise in sew
en- up and poker were zealously
commenced.
About midnight, one of their
number, Col. P. proposed they
should play a game of seven-up,
the result to decide the verdict.
The proposition was heartily and
unanimously agreed to in all seri-
BUSINESS, and the whole crowd col-
lected around Col. 2. and his OPP
ponent, who proceeded to play the
game on which was staked a hui
man life.
Col. P. played to save the &C
cused. His opponent played, and
quite as zeaiously, to secure the con-
viction. The hackers, five and five,
stood behind them, encouraging
the champions, and watching the
game, dimly seen by the light of
two tallow candles, with the utmost
Interest.
The game proceeded with very
equal fortune till both parties stood
six and six. 1t was Col. P.'s deal;
he dealt and turned Jack. The
prisoner was acquitted, and every
member of the jury joined in the
shout which startled the whole
village, even the jewellers in ''the
grocery" Next morning the jury
went into court, and gave, to the
establishment of many, the verdict
of mot guilty. The juryman
who played an unsuccessful game
for human life, still lives, a much
respected citizen Of the district.
One of the counsel is very dis
tinguished member of the Mem
! phis bar, and the accused has, as
we believe, gone to a higher court /;
but neither of them, nor any of
the assemblage, nor the court, who
marveled at the verdict, eighteen
years ago, have ever known that a
human life was saved by turning
Jackl There are some curious
episodes in the history of our early
settlement; but who would think
iof venturing life upon turning
Jack?