Litchfield enquirer., 1870-09-29

 with the rest But Sturgis maintained a oountenance whose earnestness was even severe. The opposite counsel tried to rili cule him out of his position, and did not succeed. The judge tested 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 Sturgis seid he knew no joke in the mat ter-his clients could not be punished for indulging in what some people chose to consider game of chance, until it was pro0- en that it was game of chance. Judge and counsel said that would be an easy matter, and forthwith called Deacons Job, Peters, Burke, and Johnson, and Dominies Wirt and Miggles, to testify; and they unani- mously and with strong feeling put down the legal quibbble of Sturgis, by pronounc- ing that old sledge aoas game of chance.
 "What do you call it ssoaov' said the judge.
 ''I call it game of science!'' retorted Sturgis; ''and I'll prove it tool"
 They saw his little game.
 He brought in cloud of witnesses, and produced an overwhelming mass of testi- mony, to show that old sledge was not a game of chance, but game of science.
 Instead of being the simplest case in the world, it had somehow turned out to be an excessively kaotty one. The judge scratched his head over it a while, and said there was no way of coming to determination, be- cause 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 MT. Sturgis would make for the solution of the difficulty.
 Mr. Sturg1s was on his 1eet in second;
 ''Impanel jury of six of each, Luck eer- sus Science-give them candles and a couple of decks of cards, send them into the jury room, and just abide by the re- sult!' gf
 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 eyen-up professors were chosen to represent the "science" side of the issue. They retired to the jury room. e
 In about two hours, Deacon Peters sent into court to borrow three dollars from a f1iend. Sensation. In about two hours more, Dominic Miggles sent into court to borrow ''stake" from 8 friend. Sensa- tion. 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 a one in which every father of family was necessarily interested. f
 The rest of the story can be told briefly. About daylight the jury came in, and Dea- con Job, the foreman, read the following
 VERnT0T
 "We, the jury in the case of the Con- 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 monly known as old sledge, or seven-up, is eminently game of science and not of chance. In demonstration whereof, it is hereby and herein stated, iterated, reitera- ted, set forth and made manifest, that, during the entire night, the chance men never won game or turned jack, al though both feats were common and fre- quent to the opposition; and furthermore, m support of this our verdict, we call at- tention to the significant fact that the chance men are all busted, and the sci ence' men have got the money. It is the deliberate opinion of this jury that the chance theory concerning seven.up is & pernicious doctrine, and calculated to in- dict untold suffering and pecuniary loss upon any community that take stock in it." .
 ''That is the way that seven-up came to be set apart and particularizedin in the statute books of Kentucky as being game not of chance but of science, and therefore not punishable under the law, said Mr. Knott. ''That verdict is of record, and holds good to this day."
 FIRE IN THE WooDs. The latest re- ports from the great fire which has been raging in the woods for the past ten days at Plymouth, Mass, state that the flames have broken out again with renewed and terrible violence. The forests for miles about are as dry as finder, and the fire sweeps through and consumes them as though they were only g. mass of crisp and dry shavings. It is estimated that over twenty thousand acres have already been burned over, consuming thousands of cords of wood. On Wednesday, seven hundred cords of cut wood were destroyed. By strenuous exertions, the confagration has been kept from getting into the large tract of woodland lying between Plymouth and Sandwich, and the Russell Mills, and the village of Chiltonville. which had narrowly escaped. are now. hoped to be out of dan- ger. The scene by night is described to be magnificent. and hundreds of citizens crowd the prominent outlooks to witness the surging pillows of flame and smoke, which can betseen at . great distance. Fhe, tire seems to be working towards Ware. ham, where it originated. The men who haye been fighting it so long ara nearly exs hansteds and unless rain falls soon, it is impossible to prophecy where 1t will be ssopped, or form any estimate of the losses which must result from the catastrophe. - RarVord Pos.