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SCIENCE V.S. LUCK--[Written about 1867.]
At that time, in Kentucky (said the Hon. Mr. K-----); the law was very
strict against what is termed "games of chance." About a dozen of the
boys were detected playing "seven up" or "old sledge" for money, and the
grand jury found a 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, and looked into the evidence, the plainer it was that he must
lose a case at last--there was no getting around that painful fact.
Those boys had certainly been betting money on a game of chance. Even
public sympathy was roused in behalf of Sturgis. People said it was a
pity to see him mar his successful career with a big prominent case like
this, which must go against him.
But after several restless nights an inspired idea flashed upon Sturgis,
and he sprang out of bed delighted. He thought he saw his way through.
The next day he whispered around a little among his clients and a 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 astounding
effrontery to put in the plea that old sledge was not a game of chance!
There was the broadest sort of a smile all over the faces of that
sophisticated audience. The judge smiled with the rest. But Sturgis
maintained a countenance whose earnestness was even severe. The opposite
counsel tried to ridicule him out of his position, and did not succeed.
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