The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1871-10-14
] Subsidiary.


science Euck. -
At that time, in Kentucky, (said the
Hon. Mr. Knott, NJ c. the law was
very strict againstswhatit termed games
Of chance" About seven of the boys
we're detected playing "seven. up OF ''old
sledgeN 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 aud looked
into the evidence, the palmer it was that
he must lose case at last-there was no
getting around that painful fact. Those
boys had certainly been betting on
game of chance. Even public sympathy
was reused in behalf of Sturgis. PeO-
pie said it was pity to see him mar his
successful career with big prominent
ease like this, which must 60 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 little among his
n 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 defence, bad the astounding effront-
cry to put inthe plea that old siedge
was not a game Of chance There was
the broadcast 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 OPP
posite counsel tried to ridicule him out
of his position, and did not succeed
4 i .ol
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 bad gone far enough.
Jim Sturgis said Ne knew of no joke in
the matter-his clients could not be pun
ished for indulging 10 what some people
chose to call game of chance, until it
was proUen that it was game of chance.
Judge and counsel said that would be
an easy matter, aud forthwith called
Deacons Job, Peters, Burke, and John
son and Dominies Writ, aud Miggies, to
testify; and they unanimously aud with
strong feeling put down the legal quib-
bic of Sturgis, by pronouucing that old
sledge teds game of chance.
"What do you call it notr ?" said the
judge.
u call it game of science 7" retorted
Sturgis; "and I'll prove it, too"
They saw his little game.
He brought in cloud of witnesses,
and produced overwhelming mass of
testimony, 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 a
determination, because as many men could
be brought into court who would testi
fly on one side, as could be found to test
~ 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 Sc
eond
"Impanel jury of six each, Luck vs.
Seience-gige them candles and couple
of decks of cards, send them into the
jury room, arfd just abide by the resultr"
There was ne disputing the fairness of
the proposition The four deacons and
the tive dominies were sworn in as the
''chauce" jurymeu, and six inveterate old
seven up professors were chosen to rep
resent 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 In about
two hours more, Dominic Miggles sent
into court to borrow stake" from a
friend. Sensation. During the next
three or four hours, the other dominic
and the other deaeous sent into court for
small loans. And still the packed au.
dieDce waited, for it was prodigious oc.
casion in Bulls Corners, and one in
which every father of family was nee.
essarily interested.
The rest of the story can be told
briefly About daylight the jury came
10, and Deacon Job, the foreman, reac
the following
VERDICT.
We, the jury in the case of the Com
monwealtb of Kentucky VS. John Wheel
or, ct al. have carefully considered til,
points of the case, and tested the merits
of the several theories advanced, and de-
hereby unanimously decide that the gam,
commonly known as old sledge or seven
up is eminently game of science anC
not of chance. In demonstration where
of, it is hereby aud herein stated, iterated
reiterated, set forth, and made manifest
that, during the entire night, the t'chance'
men never won game or turned jack
although both feats were common anC
frequent to the opposition; and further,
more, 10 support of this, our verdict, We
call attention to the significant fact thai
the ''chance" men are all busted. and the
"soience" men have got the money Il
Is the delibelate opinion of this jury
that the 'chance" theory concerning
seven up is pernicious doctrine, and
calculated to infiiet untold suffering and
peeuniary loss upon any community that
takes stock in it..
'That is the way that seven>up came
to be set apart aud particularized in tn,
statute book2 of Kentucky as being
game, not of chance, but Of science
aud therefore not punishable under tn,
law" said Mr.. Knott. THAT verdict i
of record, and holds good to this day.
BUNKER HILL is to be cut down-no
the monument, but the Hill on which i
is situated, leaving the monument stand
;no ~ . rodaStal of aarth . the hi