Vicksburg weekly herald., 1870-10-22
SCIENCE vs.. LUCK.
BY MARK TWAIN.

At that time in Kentucky, said
the Hon. Mr.. Knott, NJ. G.. the
law was very strict against what
is termed "games of chance. >
About a dozen Of boys were de-
tected playing "seven up" or "old
sledge," for money, and the grand
jury found a true bill against
them. Jim Sturgis was retained
to defend them when the case came
up, ofcourse. The more he studied
over the matter and looked into
the evidence, the palmer it was
that he must lose q case at last
there was no getting around that
painful act. Those boys had GER
tainly been betting money on a
game of chance. Even public
sympathy was aroused in behalf
of Sturgis. People said it was n
pity to see him mar his successful
career with a 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 q little
among his clients and a few
friends, and then when the case
came up in court he acknowledged
the sevcn-up and the betting;
and, as his sole defense, had the
eflrontery to put in the plea that
old sledge was not a game Of
chance! There was not the broad
est sort of a smile all over the
faces of that sophisticated audi
ence. The Judge smiled with the
rest. But Sturgis maintained Il
countenance whose earnestness
was even severe. The opposite
counsel tried to ridicule him out
of his position, and did not sue.
ceed. The judge jested in a pom
derous judicial way about the
things, but did not move him.
The matter was becoming grave.
The judge lost a little of his pa
tience, 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 indulging in what some peo-
pie chose to consider q game of
chance, until it was proven that it
was u game Of chance. Judge
and counsel said that would be an
easy matter, and forthwith called
Deacon Job, Peters, Burke and
Johnson, and Dominies Writ and
Miggles to testify, and they unan.
imously and with strong feeling
put down the legal quibble of
Sturgis by pronouncing that old
sledge icas a game of chance.
"What do you call it noWr p
asked the Judge.
"I call it game of science" re.
torted Sturgis; and I'll prove it
toow
They saw his little game.
He brought in crowd of wit.
nesses, and produced an over.
whelming mass of testimony, to
show that old sledge was not O
game chance, but a game science
Instead Of being the simplest
case in the world, it had some
how turned out to be an ex.
cessively knotty one. The
Judge scratched his head over
it a while, and said there was
no way OF coming to a dctcrmin-
alton, 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 dc
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:
"Impanel a jury of six Of each
Luck VS.. Scicnce-giyc them can
dies and a couple Of decks o
cards, send them into the jury
room, and just abide by the re
sultw
There was no disputing tn,
fairness Of the proposition. Th,
four deacons and the two dominiel
were sworn in as the "chance'
jurymeu, and six inveterate ole
seven-up professors were choseI
to represent the "sciencc' side o
the issue. They retired to the
jury room.
In about two hours, DeacoI
Peters sent into court to borrow
, three dollars from q friend. Sen
sation. In about two hours more
} Dominic Miggles sent into cour
to borrow a "stake" from Il friend
Sensation. During the mex
three or four hours, the othe
dominic and the other deacon
sent into court for small loans
And still the packed audienc,
waited, for it was a prodigious oC
casion in Bulls corners, and on
which every father of a family wa
necessarily interested.
, The rest'of the story can be tol,
.. briefly. About daylight the jur,