Year: 1871

At that time in Kentucky the law was
very strict against what it termed "games
of chance" About dozen of the boys
were detected playing seveu.up," or " old
sledge," for money, and the grand jury
found true bill against them. Jim Stur.
gis was retained to defend them, Of course.
The more he studied over the matter and
looked into the evidence, the palmer it was
that he must lose the case at last-there
appeared to be no getting around that pain
full fact. Those boys had certainly been
betting money on game of chance. Even
public sympathy was aroused on 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 seemed to flash upon Sturgis,
and ha sprang out of bed delighted He
thought he saw his way through. The
next day he whispered around little
among his clients aud few friends, and
then when the case came up in court, he
acknowledged the scven-up and the betting,
and as his whole defense had the astound-
ing ctfrontery to put in the plea that old
sledge was not game Of chance! There
was broadest sort of smile all over the
faces of the sophisticated audience. The
Judge smiled with the rest. But Sturgis
maintained countenance whose earnest
ness was severe. The opposite counsel
tried to ridicule him out of his position,
and did not succeed. The judge jested 10
a ponderous, judicial 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 had gone
far enough! Jim Sturgis said he knew of
no Joke in the matter-his clients could
not be punished for indulgiug in what
some people chose to consider game of
chance, until it was proren that it 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 Dominies Writ and
Migglcs to testify, and they unanimously
and with strong feeling put down the legal
quibble of Sturgis, by prououucing that old
sledge was game of chance.


"What do you call it now?" said the
judge.


Il call it game of science"! retorted
Sturgis, and I'll prove it, too"


They saw the little game.


He brought in cloud Of witnesses, and
produced an overwhelming mass of testi-
mony 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 somehow turned out to be an ex-
cessively knotty one. The judge scratched
his head over it awhile, and said there was
no way of coming to determination, be-
cause just as many men could be brought
into court who would testify on one side as
the other. But he said he was willing to
do the fair thing by all parties, and would
act upon any suggestion made by Mr.. Stur-
gis for the solution Of the difficulty.
Mr.. Sturgis was on his feet in second !:


Impanel jury Of six Of each, Luck
VS.. Scicnce-give them candles and cou'
pic of decks of cards, send them into the
jury room and just abide by the result"


There was no disputing tho fairness Of
the proposition. The four deacons and
the two dominies werc sworn in as the
"chance" jurymen, and six inveterate old
seven-up professors were chosen to repre-
sent tho i" science" side of the issue. They
retired to the jury room. .: a


In about two hours, Deacon Peters sent
into court to borrow three dollars from
friend. (Seusation.] In about two hours
more, Dominic Mggles sent into court to
borrow a stake. During the next three
or four hours, tho other dominic and the
other dcacons sent into court for small
loans And still the packed audience
waited, for it was prodigioas occasion In
Bulls Corners, and one in which every
father of family was necessarily interest
ed.


The remainder of the story can be
briefly told. About daylight the jury
came in, and Deacon Job, the foreman,
read the following
| VERDICT.


We the jury in the case of the Common
wealth of Kentucky VS.. John Wheeler ct
al, have carefully considered the points OF