The Republican journal., 1870-10-27
SCIENCE v, LUCK,

against what is termed 'games of chance"
About a dozen of the boys were detected
Iplaying "seven-up' or ''old sledge' tor
money, and the grand jury found true bill
|against them jim Sturgis was retained to
Idefend them when the case came up, Of
lcourse. The more he studied over the
matter and looked into the evidence, the
|plainer it was that he must lose the case at
Ilast-there was no getting around that pain
Iful fact. These boys had certainly been bet
ting money on a game of chance. Even
public sympathy was aroused in behalf of
Sturgis. People said it was a pity to see him
mar his successful career with big promi-
nent case like this, which must 90 against
him.
But after several restless nights an inspired
idea flashed upon Sturgis, and he sprang out
of bed delighted. He thought he saw his
way through. The next day he whispered
around a little among his clients and a few
Friends, and then when the case came up in
court he acknowledged the seven-up and the
betting, and, as his sole defence, had the as
founding effrontery to put in the plea that old
sledge was not a 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 countenance whose earnestness
was even severe. The opposite counsel tried
to ridicule him out of his position, and did
not succeed. The Judge tested in a ponder
Gus 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
ISturgis said he knew of no Joke in the matter
his clients could not be punished for INDUCING
| in what some people chose to consider game
of chance until it was proven that it ards game
| of chance. Judge and counsel said that
| would be dn easy matter, and forthwith call
| ed DeaconS Job, Peters, Burke and Johnson,
and Dominies Writ and Miggles, to testify
and they unanimously and with strong feel
| ing put down the legal bubble of Sturgis, by
pronouncing that old sledge was game OF
chance.
What do you call it now ?" said the Judge;
| 81 call it a game of science" retorted
Sturgis, land I'll prove it, too"
They saw his little game.
| He brought in cloud of witnesses, and
produced an overwhelming mass of testimony
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 knotty one. The Judge scratch
ed his head over it awhile, and sa id therewas
no way of coming to q determin alton, because
Just as many men could be brought into
court who would testify on one side rs 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.
Mr. Sturgis was on his feet in a second
1mpanel jury Of six Of each, Luck
versus Science, give them candles and q
icouple of packs of cards, send them into the
jury room, and Just abide by the result"
| There was no disputing the fairness of the
proposition. The four deacons and the two
dominies were sworn in as the "chance" jury
men, and six inveterate old seyen-up profess
sors were chosen to represent the "science'
| side of the issue. They retired to the jury
IrOom.
In about two hours Deacon Peters sent in
to court to borrow three dollars from afriend.
! Sensation. In about two hours more Do
mimic Miggles sent into court to borrow a
| ''stake" from friend. Sensation During
the next three or four hours the other domi
ME and the other deacons sent into court for
small loans. And still the packed audience
waited, for it was a prodigious occasion in
Bulls Corner, and one in which every father
of family was necessarily interested
The rest of the story can be told briefly.
| About daylight the Jury came in. and Deacon
Job, the foreman, read the following
| VERDICT.
| We, the jury in the case of the Common
wealth of Kentucky against John Wheeler
and others, have carefully considered the
points of the case and tested the merits of
1.-The several theories advanced and do hereby
Unanimously decide that the game common
ly known as old sledge or seven-up is emf
lnently game of science and not of chance.
In demonstration whereof it is hereby and
herein stated, iterated, reiterated, set forth
and made manifest that, during the entire
might, the "chance" men never won game
or turned a jack, although both feats were
common and frequent to the opposition; and
furthermore, in support of this our verdict,
we call attention to the significant fact that
the "chance" men are all busted, and the
''scence" men have got the money. 1t is
the deliberate opinion of this jury that the
l''chance" theory concerning seven-up is a
lpernicious doctrine. and calculated to iniict
untold suffering and pecuniary loss upon any
community that takes stock in it.
THAT is the way that seven-up came to be
set apart and particularized in the statute
books of Kentucky as being game not of
chance but of science, and therefore not pun
ishable under the law" said Mr. Knott.
'.That verdict is of record, and holds good to
this day" Mark Twain in the Galaxy.
| DU urno havin had an N ont