The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1870-12-02
SCIENCE vs.. LUCK.
BY MARK TWAIN.

At that time, in Kentucky (said the Hon
Mr., Knott, M. O. the law was very strict
against what is termed "games of chance
About dozen of boys were detected play.
ing "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 that he must lose Il
case at last-there was no getting around
that painful fact. Those boys had certain.
ly been betting money on agame of chance
Even public sympathy was reused in behalf
of Sturgis. People said it was q pity to
see him mar his successful career with q
big prominent case like this, which must
go against him.
But after several restless nights an in
spired idea flashed upon Sturgis, and he
sprang out of bed delighted. He thought
he saw his way through. The next day he
whispered around among his clients and O
few friends, and then when the case came
up in court he acknowledged the seven.u up
and the betting, and as his sole defence
had the astounding effrontery to put in the
plea that old sledge is not a game OF
chance! There was the broadcast sort of a
smile all over the faces of that unsophisti-
Gated audience. The Judge smiled with
the rest But Sturgis maintained counte.
nance whose earnestness was almost Sc
we're. The opposite counsel tried to ridi-
Guile him out ofhls position and did not sue,
coed. The Judge jested in ponderous ,ju-
dicial 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 said he know ofno joke in the mat.
ibis clients could not be punished fol
INDUCING in what some people chose to con.
slider a game Of chance, until it was proven
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 Writ and
Miggles to testify, and they unanimously
and with stong feeling 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, "and III prove it too"
They saw his little game.
He brought in crowd of witnesses, and
produced an overwhelming mass of testi
mony, to show that old sledge was not @
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 de.
termination, because just as many men
could be brought into court who would
testify on one side as could be found to tes-
tify on the other. But he was willing tc
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 second
"Impannel jury of six of each, Luck
VS.. Science-give them candles and {
couple of decks of cards, send them into
the jury room, and just abide by 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 ole
seven-up professors were chosen to represent
the "science" side of the issue. They re
tired to the jury room.
In about two hours Deacon Peters sent
into court to borrow three dollars from ;
friend. Sensation. In about two hours
more Dominic Miggles sent into court t.
borrow "stake' from friend. Sensa
tion.] During the next three or four hours
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 ola family was necessarily interested
The rest of the story can be told briefly
About daylight the jury came in, anC
Deacon Job, the foreman, read the follow
ing.
VERDICT.
ave, the jury, in the case of the Comon
wealth of Kentucky VS.. John Wheeler, ct al.
have carefully considered the points of thu
case, and tested the merits of the severa
theories advanced, and do hereby unani
mously decide that the game commonly
known as odd sledge or seven up is emf
nently game of science and not of chance
In demonstration whereof it is hereby anC
herein stated, iterated, reiterated, set fortl
and made manifest, that during the entir,
night the chance men never won gam,
| VI Iuihc't d JAIN, altnouSE DoIH leaIS WeTt
common and frequent to the opposition
and furthermore insupport of this our YER
dict, we call attention to the significant
fact that the 'chance' men are all busted
and the science men have got the money
1t is the deliberate opinion Of this jury tina
the chance theory concerning 'seven-up
is pernioious doctrine, and calculated t.
infict untold sufferings and pecuniary loss
upon any community taking stock in it.
THAT is the way that seven-up came to b,
set apart and particularized in the Statute
books of Kentucky as being u game not o.
chance but of science, and therefore no,
punishable under the law" said Mr.. Knott
"That verdict is of record and holds goot
to this day"
GENERAL LEES KINDNESS AND LIBER
Acknowledgements and newspaper obitu
airy writers have united in ascribing to Gen
| DoI,a II Io,H - l.,