The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-10-15
soienco VS.. Luck In Kentucky.

at that time, In kentucky, (said the
Hon. Mr.. Knott, NJ. o. the law was
very strict against what is termed
''games of chance"
About dozen of the boys were de-
tected plnying ''seven-up" or cold
sledge," for money, and the grand jury
found true bill against them. Jim
Sturgis was retained to defend them
when the case came up, of course. The
more he studied over the matter and
looked into the evidence, the palmer it
was he must lose case at last-there
was no getting around that painful fact.
Those boys had certainly been betting
money on game of chance. Even pub
Sturgis. People said it was pity to see
him mar his successful career with q big
prominent case like this, which must 20
against him.
But after several restless nights, an
inspired idea flashed upon Stnrgis, and
he sprang out of bed delighted. He
thought he saw his way through. The
next day, he whispered around little
among his clients and few friends, and
when the case came up in court he
acknowledged the seven-up and the bet
ting, and, as his sole defence, had the
astounding efrontery to put in the plea
that old-sledge was not game of chance.
There was the broadest sort of smile
all over the faces of that sophisticated
audience. The Judge smiled with the
rest. But Sturgis maintained counte-
nance whose earnestness was even severe.
The opposite counsel tried to ridicule
him out of his position, and did not
succeed. The Judge jested in ponder
GUS judicial way about the thing. but
did not move him. The matter was be-
coming grave. The Judge lost q little
of his patience, and said the Joke had
gone far enough.
Jim Sturgis said he knew of no joke in
the matter; his clients could not be
punished for indulging in what some
people chose to consider q game of
chance. until it was proven that it was q
game of chance.
Judge and counsel said that would be
an easy matter, and forthwith called
Deacons Job, Peters, Burke and John
son, and Dominies Writ and Miggles to
testify; and they unanimously and with
strong feeling put down the legal quib-
ble OF Sturgis. by pronouncing old-sledgo
was game of chance.
'What do you call it now?" said the
Judge.
81 call it game of science!" retorted
Stnrgis, land I'll prove it, tool"
They saw this little game.
He brought in crowd of witnesses,
and produced on overwhelming mass Of
testimony to show that old d-sledge was
not game OF chance, but q game of
science.
Instead of being the simplest case in
the world, it had somehow turned out to
be an excessively knotty one. The
Judge scratched his head over it awhile.
and said there was no way of coming to
determination, because Just as many
men could be brought in court who
would testify on one side rs could be
found to testify on the other But he
said he was willing to do the fair thing
by all parties, and would act upon any
suggestion Mr. Sturgis would make for
the solution of the difficulty.
MIR. Sturgis was on his feet in second !:
"lmpannel jury of six of each, Luck
1s. Sclence-give them candles and O
couple of decks of cards. send them
into the jury-room, and just abide by the
resultl'
There was no disputing the fairness Of
the proposition. The four deacons and
the two dominies were sworn in as the
"chance" jurymen, and six inveterate
old seven-up professors were chosen to
represent the science side of the issue.
They retired to the jury-room.
Ia about two hours, Deacon Peters
sent into court to borrow threo dollars
from friend. (Sensation.) In about
two hours more, Dominic Miggles sent
into court to borrow ''stake" from a
friend. (Sensation.) During the next
three or four hours, the other dominies
and the other deacons sent into court for
small loans. And still the packed au-
dience waited, for it was prodigious
occasion in Bulls Corners. and oIc in
which every father Of family was ne
cessarily interested.
The rest OF the story can be told
briefly. About daylight the jury cume
in, and Deacon Job, the foreman, read
the following verdict: We, the Jury, in
the case OF the Commonwealth of Ken
tucky 0s. John Wheeler, et al, having
carefully, considered the points of the
case, and tested the merits of tho several
theories advanced, do hereby mani
mously decide that the game commonly
known us old-sledge, or seven-up, is emf.
nently game of science and not of
chance Tn demonstration fLar,of - =;