The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1878-04-10
WEDNESDAY. APRIL 10. 1878.
Science VS.. Luck.

At that time in Kentucky (said the Hon. Mr..
Ky, the law was very strict against what are
termed games of chance" About dozen of
the boys were detected playing seven-up," or
: old sledge, for money, and the jury found q
true hill against them. Jim 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 lose case at last-there was no getting
round that painful fact. Those boys had GER
tany been betting money on game OF chance"
Even public sympathy was reused in behalf Of
Sturgis. People said it was a pity to see him
mar his successful career with big, prominent
case like this, which must go against him. But
after several restless nights, an inspired idea
flashed upon Sturgls, and he sprang out OF bed
delighted He thought he saw his way through.
The next day he whispered round 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-
tense had the astonishing effrontery to put in the
plea that - old sedge," was not game OF
chance There was the broadcast sort of q smile
all the faces OF that sophisticated audience.
The Judge smiled with the rest. But Sturgis
maintained O countenance whose earnestness was
even severe. The opposite counsel tried to ridi-
cule him out OF his position, but did not succeed.
| The Judge TESTED, in ponderous Judicial way
about the thing, but did not move him. The
matter was becoming grave. The judge lost a
little OF his patience, and SAID the Joke had gone
far enough. Jim Sturgis said be knew of no joke
in the matter; his clients could not be punished
1 for INDUCING in what some people chose TO con-
| slider q game of chance, until it was proven that
! it was game of chance. Judge and counsel
said that would be an easy matter, and forthwith
called Deacons Job, Peters, Burke, and johnson
and Dominies Writ and Mggles to testify and
! they unanimously and with strong feeling, put
| down the legal bubble OF Sturgis by pronOuncIng
that " old sedge' was game of chance.
What do you call it now? ?" said the Judge
" call it game Of science" retorted Sturgls
land I'll prove it, too "
They saw his little game.
He brought in cloud of witnesses, and pro-
duced an overwhelming mass of testimony &c
show that .od sledge" was not game of chance
but a game of science. Instead of being the
simplest case in the world. it somehow turned
ont to be an excessively knotty one. The Judge
scratched his head over it a while and said there
was way OF coming TO determination, be
cause Just as many men could be brought into
court TO testify on one side as could be found Il
testify on the other. But he said he was willing
to do the fair thing by all parties, and would ac
on any suggestion Mr.. Sturgis would make fol
the solution of the difficulty,
Mr.. Sturgs was on his feet in second.
"Impannel jury of six of each-Luck versus
Science. Give them candles, and q couple o
decks of cards Send them into the Jury room
and just abide by the result
There was no disputing the fairness OF th'
proposition. The four deacons and the two do
minies were sworn in as the chance jurymen
and six Inveterate old seven-up" professor
were chosen to represent the " science" side o
the issue.
They retired to the jury room.
In about two hours Deacon Peters sent int
court to borrow three dollars from a friend
Sensation In about two hours more Dominic
Miggles sent into court to borrow a stake from
friend. Sensation. During the next three o
four hours the other dominic and the other dea
cons sent into court for small loans. And still
the packed audience waited for it was prod
gious occasion in Bulls Corners, and one i
which every farther Of q family was necessaril
interested The rest of the story can be brief
told. About daylight the jury came in, an
Deacon Job, the foreman, read the following
VERDICT.
ave, the jury in the case of the Common
wealth of Kentucky VS.. John Wheeler ct al
have carefully considered the points of the cast
and tested the merits of the several theories &C
vanced, and do here unanimously decide tha
the game commonly known as old sledge, 1
'seven-up,' is eminently game OF science, an
not of chance 10 demonstration whereof, it
hereby and herein stated, iterated reiterated
set forth, and made manifest, that during the ell
tire night the chance men never won game, {
turned jack, although both feats were commo
and frequent to the opposition; and Furthermore
in support of this our verdict, we call attentiO
to the significant fact that the chance men ar
all busted and the science men have got all tn
money. 1t is the deliberate opinion of this jur
that the chance theory concerning 'seven-up'
pernicious doctrine, and calculated to inAiC
untold suffering and pecuniary loss upon al
community that takes stock in it."
That is the way that seven-up" came to
set apart aud particularized in the statute boob
of Kentucky as being game, not of chance, br
Of science, and therefore not punishable undo
the law. Said Mr.. K: THAT verdict is of re
! IN i H..