Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1872-02-16


At that time in Kentucky (said the Hon.
Mr.. Knott, NJ. ca 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 Siurgis was re-
tanned 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 lose case
at last-thcrc was no getting around that
painful fact. Those boys had evidently
been betting on Il game Of chance. Even
public sympathy was aroused In belWlfof
Sturgis. People said it was pitys~te
him mar his successful career with big
prominent ease like this, which must 90
against him. &
But after several restless nights, AN in
spired idea flashed upon Stur.iS, and lie
sprang out of bed delighted. lie thought
he saw his way through. The next day he
whispered around 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
Defense had the astonishing ctl'rontery to
put in the plea that old sledgc was not II
game of chance. There was the broadcst
sort Of smile over the face of that sophi;-
tcated audience. The Judge smiled with
the rest But Sturgis maintained acounte-
nance whose earnestnoss was even severe
The opposite counsel tried TO ridicule him
out of his position, and did not succeed.
The Judge jested in ponderous judicial
way about the thing, but did not move him.
The matter was becoming grave. The
latter lost little of his patience and said
the joke had gone far enough. Sam Stur-
gis said he knew of no joke la the matter
his clients could not be punished for what
some people chose to consider game Of
chance, unless it was proven that ii was a
game of chance. Judge and counsel said
that would be an easy matter, and forth
with called deacons job, Peters, Burke and
johnson, and dominics Writ and Migges.
TO testify, aud they unanimously and with
strong feeling put down the legal qubblo
of Sturgis by pronouncing that old sledse
was game of chan.c.
What do YOU call il nor p said the judge.
Il call it game orscienccr rctorted S.ur-
gis, and I'll prove it, too!
They saw his little game.
lie brought in Il cloud of witnesses and
produced an overwhelming mass of tcsti-
lnony to show that old sledge was not n
game of chance, but game of science.
Instead of being the simplcs; ease in the
world, it had somehow turned out TO be an
excessively knotty one. the Judge
scratched his head over it awhile, ahd said
there was no way OF coming to a deter
mination, 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.. Sturg $ would
offer for the solution Of the difficulty.
Mr.. Sturgis was on his feet in Il second
Impancl jury of six each, Luck IS
Science-give them candles and a coupled
decks of cards, send them into the jury
room, and Just abide by the result
There was no disputing the fair ess o
the proposition. The four dcacons and tho
two domnies were sworn in as the 'chanco
iurymen, and six inveterate old sevcn-uI
professors were chosen to represent th'
science side of the issue. They retired Il
the iuryroom.
In about two hours deacon Peters sen
into court TO borrow three dollars from
friend [sensation.] In about two hour
more dominic Miggles sent into court t'
borrow stake from Il friend. [Sensa
toni During the next three or four hour.
the other dominic and the other deacon'
sent into court for small loans. And still
the packed audience waited, for it was
prodigious occasion in Bell Corners, anC
one in which every father Of family wa
necessarily interested.
The rest of the story can he told briefly
About daylight the jury came in, and dea
con job, the foreman, read the following