Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1870-12-22
Science VS.. Luck.
BY MARK TWAIN.

tected playing "seven up, or
"old sledge," for money, and the
Grand Jury found true bill a.
gainst 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 be must lose
case at last-there was no getting
around that painful fact. Those
boys had certainly been betting
money on a game of chance
Every public sympathy was reused
in behalf of Sturgis. People said
it was a pity to see him mar .. his
career with big prominent case
like this, which must go 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 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 astounding efrou-
terry to put in the plea that old
sledge is not game of chance |
There was the broadest sort of
smile all over the faces Of that
unsophisticated audience. The
Judge smiled with the rest. But
Sturgis maintained a countenance
whose earnestness was almost
severe. The opposite counsel
tried to ridicule him out of his
position and did not succeed
The Judge jested in a ponderous
judicial way about the thing, bat
did not move him. The matter
was becoming grave. The Judge
lost q little Of bis 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 indulg-
ing in what some people chose to
consider a game of chance, until
it was proven that it was game
of chance. Judge and cousel said
that would be an easy matter, and
forthwith called Deacons Job, Pc
ters, Burke and Johnson,an DOM
inies, Writ and Miggles to testify, |
and they unanimously and with
strong feeling put down the legal
bubble of Sturgis, by pronouncingI
that old sledge was a game Of
chanch.
"What do you call it now 2"
said the Judge.
81 call it game of science!"
retorted Sturgis, ''and I'll prove
it tool!
They saw his little game.
He brought in a crowd of wit
nesses, and produced an over
whelming mass of testimony, to
show that old sledge was not a
game of chance, bat a game of
science.
Instead of being the simplest
case in the world, it had somehow
turned out to be an exces-
sively knotty one. The Judge
scratched his head over it a while,
and said there was no way of COM
ing to determination, because
just as many men could be
brought into court who would tes-
tify on one side as could be found
to testify on the other. But 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 diff
Guilty.
Mr.. Sturgis was on his feet in a
second:
"Impannel a jury Of six each,
Luck vs.. Science give them can
dies and couple of decks of cards,
send them into the jury room, and
just abide by the result! !"
There was no disputing the fair
ness of the proposition. The four
deacons aud the two dominies
were sworn in as the ''chance"
jurymen, aud six inveterate old
seven-up professors were chosen
to represent the science" side of
the issue. They retired to the
jury room.
In about two hours Deacon Pc
ters sent into court to borrow three
dollars from friend. Sensation.
In about two hours more Dominic
Miggles sent into court to borrow
a ''srake" from a friend. Sensa-