Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-04-28
Set~-ce vs.. Luck In kentucky
BY MARK TWAIN.

Set~-ce vs. Luck In Kentucky
BY MARK TWAIN.
At that time, IN Kentucky (said the
| Hon. Mr.. Knott, II. G. J, the law WIS very
strict against what are termed ''GGmes OF
| chance"
About dozen OF the boys were detect.
| el playing ''seven up. or ''old sIedge,"
j for money, and the grand Jury fOund true
bill against thea. Jim StugRi5 was re-
tanned 10 defend them when the case came
up, OF course. The more he studied over
the matter and looked INTO tho evidence.
the palmer it was he must lo.c q case at
last thcic was no getting round hat pain
| FIJI fact.
Those boj had certainly been ting
mo3ey OH a gamc of chance. Even public
sympathy aroused III behalf OF 6tur
gis. People said it was a pity t. Sc Linn
mar his 6uccg sStUi career with q big prom
inent case ike this, which must 20 against
bin1.
Bat after lc:el..l so>tlo- 5 lights AL in
sp:re1 idea flashed upon SturRis, and &c
sprang out OF bed Delighted. He thought
he saw Lis way through. The next day he
| whispered around 4 little among lis clients
aud few friends, and then when the case
came up III court he acknowledged tie
seven Up and the sitting, and, as his sole
d Tense, had the astounding cffront1y to
put in the plea that Cd sledg0 was not q
game of chance.
| There was the broadcast sort Of Il smile
| all over the faces OF that SOY .histicatel au-
| dienco. Tie Judge smiled with the rest
| But StuIgIS maintaIUCd q cOurtenance
! whose earneBtEts IS W66 even severe. The
OPP Oaite count eli tried to tidiouie him out
| of his position, and did Lot hucce1d q. The
Judge Jestt q Ii d igOnderOus, judicial way
about the thing, bat did Lot move him.
The matter was becoming grave. The
Judge lost little Of his p4ti5f.cn, and said
the joke had S"ne far enough.
Jim Sturgls soil he knew OF LA Joke 10
the matter, his clients could E.t 80 pan
ished for indllgiug in what some people
choose to cousi1er Il game cf chance. IN
til it was proved that it vna IL game Of
chance.
Judge and counsel said that wonla be
al easy matter. I'D forthwith called
Deacons Joo, Peters, Bnl4 ana johnson,
aud Domiuies Writ and M1ggIes, to testify;
and they unapIm Justly and with strong
! feeling put doom toe legal quibbles OF
Sturgis by prnt~ Cnci:g that Old siedge
What do yen e2i! it now?" said the
Judge.
] call it a s., nc ol scle g; E resorted
StnrGi:, "a II. Prove Ii, too
Vh%y aw hI- ii.tie g'n'.
IL: brought III i crowd OF UitaCaSGH
AMI .I,dntid an OverHiI-lm ~ mass Of
teet paJI.y - SHOW that uid sled ~ 9eas ; G:
d game u chance, but gauc Of science.
Ii cad Of bti- 2 he simplest case in
the world, it had somehow turned out to
be an excessively knotty one. The Judge
scratched his head over it awhile, and said
there WAS no way OF coming to O. deter
n nation, because just as many men could
be brougE in court who would testify on
one side as could be found 20 testify on
the o'her But he said he wa8 willing to
TO the fair thing by all arties, ana would
set upon any suggestion that Mr.. Sturgis
would make for th9 solution Cf tie diff
Guilty,
! Mr. Sturgis was on his feet IL q second.
! ''Inpannel a jury of six of cach-Luck
4 Is SeieL ce-glye them candles and cou-
pie. Of d. cks cards, send them into the
jury room, and just abide by the result !'
Here VAS no disputipg the fairness Of
the propositions. The four do2cons and
i tie two doninies were sworn in as the
chance = iurymen. ardsix inyeterate old
scTen-ur r,fessors were chosen to repre-
sent the s'ssicnce side CT the ISSUE
They retired 80 the jury room.
! In about two hours, Deacon Peters sent
into court to borrow IS from q friend
! (Sensation.) In about two hours more,
Dominic Migglcs sent into court TO Dor
row 8. st"ke" from friend. (Scnsa-
ton During the next three or four
! hours, the other dominic and the other
deacons sent into court for small loans
And still this packed audience waited for
1t was prodfgious Occasion in Bulls Cor
hers, and one IL WHICH every father Of az
family wes nec6esariiy i1terested.
/ The rest Of HE tory can be told briefly.
About dayliGbtthe jury came in. and Dea-
con Job, the foreman, read the following
.4s. VERDICT
| We, the jury in the case of tho Common
wealth Of Kentucky rs. John Wheeler,
et,m, having carefully considered the
/ points Of the case, and tested the merits
of the several theories advanced, do here
by unanimously decide that the game com
monty known as old sledge, or seven~up,
is emlnently game O. science and not of
chance. In denomination thereof, it is
hereby ard herein stated, iterated refer
ated, set forth and made manifest, that
during the entire night the ''chance" men
never won game or turned a jack, al
though both feats were common and fire.
quent to the opposition. And further
more, IN support o. this our verdict, we
call attention to the significant fact that
the ''chance" men are all busted, and the
science" men have got the money It is
the deliberate opinion of this jury that The
''chance" theory concerning sevon-up is a
pernioious doctrine and calculated to in
tlot untold suffering and pecuniary loss
upon any community that takes stock in
it.
"That is the way that seven.up came to
be set apart and particularied in the stat
ute books of Kentucky as being 6 game
not of chance, but Of science, and there
fore not punishable under the law" said
Mr.. Knott. HThat verdict is Of record, |
and holds good to this day"
Ara Astronomical Gem.
We copy fro.a the last New York Tri- |