Mr. Sturgis was on his feet in a second.
“Impanel a jury of six of each, Luck versus Science. Give them candles and a 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 were 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 Dominie Miggles sent into court to borrow a “stake” from a friend. [Sensation.] During the next three or four hours the other dominie and the other deacons sent into court for small loans. And still the packed audience waited, for it was a prodigious occasion in Bull’s Corners, and one in which every father of a family was necessarily interested.
The rest of the 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 Commonwealth of Kentucky vs. John Wheeler et al., have carefully considered the points of the case, and tested the merits of the several theories advanced, and 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 demonstration whereof it 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 were common and frequent to the opposition; and furthermore, in support of this our verdict, we call attention to the significant fact that the “chance” men are all busted, and the “science” men have got the money. It is the deliberate opinion of this jury, that the “chance” theory concerning seven-up is a pernicious doctrine, and calculated to inflict untold suffering and pecuniary loss upon any community that takes stock in it.
“That is the way that seven-up came to be set apart and particularized in the statute-books of Kentucky as being a game not of chance but of science, and therefore not punishable under the law,” said Mr. K-----. “That verdict is of record, and holds good to this day.”