The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1870-10-20
SCIENCE VS.. LUCK.
BY MARK TWAIN.

Al that time IN kentucky (sald the
Hon. MIR Knott, NJ. c., the law was
very strict against what it termed 'sgames
OF chance About dozen of the boys
were detected playing ''seven up" or 'sold
sledge" for money, and the grand Jury
found a 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 that
he must lose case at last-ihere was no
getting around that painfol fact These
boys had certainly been betting money on
game Of chance Even public sympa>
thy was reused in behalf of Siureis. -
People said 1t was pity to see him mar
his successful career with big, prominent
case like this, which must 90 against him.
But after several restless nights an in>
spired idea fased upon Siurgis, and he
sprans out of bed delighted He thought
he saw his way through. Tie next day
he whispered around a little among his
clients and few fiends, and then when
the case Game up in court he acknowl-
edged The seven-up and the betting,
and, as his sole defence, had the astound-
ing cffrontery to put III the plea that old
sledge WAS not a game of chance There
was the broadest kind of a smile all over
the faces of that sophisticated audience
The judge smiled with the lest. But
Sturgis maintained a countenance whose
earnestness was even severe. The oppo-
site counsel tried to ridicule him out of
his position, and did not succeed. The
judge jested in ponderous judicial way
about the thing, but did not move him
The matter was becoming grave. The
judge lost little Of his patience, and said
the joke had gone far enough. Jim Siur-
eis said he knew of no joke in the matter
his clients could not be punished for
what some people chose 10 consider a
game of chance, until it was l,,oren that
it was a game of chance. Judge and
counsel said that would be an easy matter,
and forthwith called Deacons job, Peters,
Burke, and johnson, and Dominies Writ
and Migeles, to testify and they unani-
nously, and with strung feeling, put down
the legal quibbe of Sturgis, by pronoun-
cling that old sledge ,0as a game of chance.
What do you call it nOc e said the
judge.
Il call it game OF science - retorted
Sturgis; "and I'll prove it too -
They saw his little game.
lie brought in cloud of witnesses.
ana produced an overwhelming mass of
testimony to show that old sledge was
not a game of chance, but a 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 while and
said there was no way of coming to
determination, because just as many men
| could be brought into court who would
testify on one side as 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 should make for the solution Of
the difficulty.
Mr.. Sturgis was on his feet in second
'Impanel jury of six of each, Luck
vs. Science-give them candles and a
couple of decks of cards, send them into
the jury-room, and just abide bv the re-
suit ~
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 repre-
sent the ''science" side of the issue -
They retired to the jury room
In about two hours, Deacon Peters
sent into the court to borrow three dollars
from friend. Sensation In about
two hours more, Dominic AIggles sent
into court to borrow ''stake" from a
friend. Sensation. During the next
three or four hours. the other dominic and
the other deacons sent into court for small
loans. And still the packed audience
waited, for it was prodigious occasion
in Bulls Corners, and one in which every
father of family was necessarily inter
ested.
The rest of the story can be told briefly.
About daylight the jury came in, and
Deacon Job, the foreman. read the follow
ing
VERDICT:
We, the jury in the case of the Com>
monwealth of Kentucky VS.. John Wheeler
ct al, have carefully considered the points
of the case, and tested the merits of the
several theories advanced, and do hereby
unanimously decide that the game COM
monty known as old sledge or seven up is
eminently game of science and not of
chance. In demonstration whereof, 1t is
hereby and herein stated, iterated, reiter-
ated, set forth, and made manifest that,
during the entire night, the ''chance'' men
never won a game or turned jack, al
though both feats were common and fire.
quent to the opposition and furthermore,
in support of this our verdict. we call at .
tention to the significant fact thai the
''chance" men are all busted, and The
''science" men have got the money. 1t
is the deliberate opinion of this jury that