Year: 1870

From the Galaxy for 0ctober.l


At that time, in Kentucky (said the
Hon Mr.. Knot, NJ c, J, the law was very
strict against what it termed games of
chance"


About dozen of the boys were de-
tected playing seven-up,' or =" old
sledge," 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 ald
looked into the evidence, the palmer it
was he must lose case at last-there
was no getting around that painful fact.


Those boys had certainly been betting
money on game of chance. Even
public sympathy was reused in behalf of
Sturgis. People said it was pity to see
him mar his successful career with big
prominent case 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
clients and few friends, and then when
the case came up in court he acknowl-
edged the seven-up and the betting, and,
as his sole defense, had the astounding
effrontery to put in the plea that old
sledge was not game Of chance


There was the broadest sort of smile
all over the faces of that sophisticated
audience. The Judge smiled with the
rest. But Sturgis maintained "a counte-
nance whose earnestness was even Sc
we're. The opposite counsel tried to rid
ioule him out of his position but did not
succeed The Judge jested in a pom
derous judicial way about the thing, but
did not move him. The matter was be-
coming grave. The Judge lost a little
of his patience and said the joke had
gone far enough.


Jim Sturgs said he knew of no joke in
the matter his clients could not be pun
shed for indulging in what some people
chose to consider game of chance until
it was prouen 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 Miggles, to tes-
tify; and they unanimously and with
strong feeling put down the legal quibble
ofSturgis, by pronouncing that old sledge
pds game OF chance.


What do you call it noaOF' said the
Judge


81 call it game of sciencel' retorted
Sturgis, and I'll prove it, tool


They saw this little game.


He brought in crowd Of witnesses,
and produced an overwhelming mass of
testimony to show that old sledge was
not a game of chance but 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 for
awhile, and said there was no way of
coming to determination, 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 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 second;


" "Impalnsl jury of SIX of each,
Luck VS., Soience-give them candles
and q couple of decks of cards, send
them into the jury-room, and just abide
by the result


There was no disputing the fairness of
the proposition. The four deacons and
the two dominies were sworn in as the
chance jurymen, and six inveterate
old seven-up professors we're chosen to
represent 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 a 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 deacons sent into court
for small loans. And still the packed
audience waited, for it was a prodigious
occasion in Bulls Corners, and one in
which every father of a family was neces-
sarilY interested,


The rest Of tho story can be told
briefly. About daylight the jury came
in, and Deacon job, the foreman, read
the following


VERDICT.


We, the jury in the case Of the COM
mOnwealth of Kentucky VS.. John
Wheeler, ct al, having carefully consid-
cred the points of the case, and tested
the merits Of the several theories ad-
vanced, do hereby unanimously decide
that the game commonly known as old
sledge or seven-up is eminently a game
Of science and not Of chance. In de-
monstration whereof il is hereby and
herein stated, iterated, reiterated, set
forth and made manifest, that during the
entire night the chance men never
won a game or turned a jack, although
both feats we're common and frequent TO
the opposition. And, furthermore, in
support Of this our verdict, we call at
tention to the significant fact that the
chance men are all busted, and the
science men have got the money.
Il is the deliberate opinion of this jury
that the chance theory concerning