Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-12-22
..old sledge,, as a Science.

AT that time in Kentucky (said the
Hon. Mr.. Knott, N. C) the law was very
strict against what is termed "games of
chance" About dozen of the boys were
detected playing "seven up" or "old
sledge," for money, and the grand Jury
found true bill against them. Sam
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 loose case at last
there was no getting around that painful
fact. Those boys had evidently been bet
ting on game of chance. Even public
sympathy was aroused In behalf Of Stur-
gis. People said it was 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 a little among his
clients and few friends, and then
when the case came up in court
he acknowledged the seven-up and
the betting, and, as his sole de-.
fense, had the astonishing ehrontery to
put in the plea that old sledge was not
game of chance. There was the broadest
sort of smile over the faces of that go.
phisticated audience. The Judge smiled
with the rest. But Sturgis maintained a
countenance whose earnestness was even
severe. The opposite counsel tried to RI
dicule him out of his position, and diJ
not succeed. The Judge jested in pom
derous judicial way about the thing, bat
did not move him. The matter was be-
coming grave. The latter lost little of
bis patience and said the joke had gone
far enough. Sam Sturgis said he knew of
no joke in the matter-his clients could
not be punished for what some people
chose to consider game of chance, un.
loss it was proven that it was game of
chance. Judge and counsel said that
would be an easy mntter, and forthwith
called deacoDs Job Peters, Burke and
johnson. and dominies Writ and Miggles,
to testify and they unanimously and
with strong feeling put down the legal
quibble of Sturgis by pronouncing that
old sledge was game of chance.
"What do You call it 7aoa0 2" said the
Judge.
Il call it a game of scienceI7 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, hut game of science.
Instead of being the simplest case in
the world, it had somehow turned ont to
be an excessively knotty one. The Judge
scratched his head over it awhile, 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
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 would make for the solution of
the difficulty
Mr.. Sturgis was on his feet in a second.
"Impanel 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 result
There was no disputing the fairneA 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 re-
present the Science" side of the issue.
They retired to the jury.room.
In about two hours deacon Peters sent
into court to borrow three dollars from
friend [sensation.l In about two hours
more dominic Miggles sent into court to
borrow "stake" from friend. TSeusa-
ton 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 Bell
Corners, and one in which every father
of a family was necessarily interested.
The rest of the story can be told brief
ly. About daylight the jury came in,
and deacon Job the foreman, read the fol-
lowing