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. The judge jested in a 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 he knew of no joke in the matter – his clients could not be punished for indulging in what some people chose to consider a game of chance until it was proven that it was a game of chance. Judge and counsel said that would be an easy matter, and forthwith called Deacons Job, Peters, Burke, and Johnson, and Dominies Wirt and Miggles, to testify; and they unanimously and with strong feeling put down the legal quibble of Sturgis by pronouncing that old sledge was a game of chance.
“What do you call it now?” said the judge.
“I call it a game of science!” retorted Sturgis; “and I’ll prove it, too!”
They saw his little game.
He brought in a cloud of witnesses, and produced an overwhelming mass of testimony, to show that old sledge was not a game of chance but a 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 awhile, and said there was no way of coming to a 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 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.”
["Never put off till to-morrow what you can do day after to-morrow just as well.”—B. F.]
This party was one of those persons whom they call Philosophers. He was twins, being born simultaneously in two different houses in the city of Boston. These houses remain unto this day, and have signs upon them worded in accordance with the facts. The signs are considered well enough to have, though not necessary, because the inhabitants point out the two birthplaces to the stranger anyhow, and sometimes as often as several times in the same day. The subject of this memoir was of a vicious disposition, and early prostituted his talents to the invention of maxims and aphorisms calculated to inflict suffering upon the rising generation of all subsequent ages. His simplest acts, also, were contrived with a view to their being held up for the emulation of boys forever – boys who might otherwise have been happy. It was in this spirit that he became the son of a soap-boiler, and probably for no other reason than that the efforts of all future boys who tried to be anything might be looked upon with suspicion unless they were the sons of soap-boilers. With a malevolence which is without parallel in history, he would work all day, and then sit up nights, and let on to be studying algebra by the light of a smoldering fire, so that all other boys might have to do that also, or else have Benjamin Franklin thrown up to them. Not satisfied with these proceedings, he had a fashion of living wholly on bread and water, and studying astronomy at meal-time – a thing which has brought affliction to millions of boys since, whose fathers had read Franklin’s pernicious biography.
His maxims were full of animosity toward boys. Nowadays a boy cannot follow out a single natural instinct without tumbling over some of those everlasting aphorisms and hearing from Franklin, on the spot. If he buys two cents’ worth of peanuts, his father says, “Remember what Franklin has said, my son—’A grout a day’s a penny a year"’; and the comfort is all gone out of those peanuts. If he wants to spin his top when he has done work, his father quotes, “Procrastination is the thief of time.” If he does a virtuous action, he never gets anything for it, because “Virtue is its own reward.” And that boy is hounded to death and robbed of his natural rest, because Franklin, said once, in one of his inspired flights of malignity:
Early to bed and early to rise
Makes a man healthy and wealthy and wise.
As if it were any object to a boy to be healthy and wealthy and wise on such terms. The sorrow that that maxim has cost me, through my parents, experimenting on me with it, tongue cannot tell. The legitimate result is my present state of general debility, indigence, and mental aberration. My parents used to have me up before nine o’clock in the morning sometimes when I was a boy. If they had let me take my natural rest where would I have been now? Keeping store, no doubt, and respected by all.
And what an adroit old adventurer the subject of this memoir was! In order to get a chance to fly his kite on Sunday he used to hang a key on the string and let on to be fishing for lightning. And a guileless public would go home chirping about the “wisdom” and the “genius” of the hoary Sabbath-breaker. If anybody caught him playing “mumblepeg” by himself, after the age of sixty, he would immediately appear to be ciphering out how the grass grew – as if it was any of his business. My grandfather knew him well, and he says Franklin was always fixed – always ready. If a body, during his old age, happened on him unexpectedly when he was catching flies, or making mud-pies, or sliding on a cellar door, he would immediately look wise, and rip out a maxim, and walk off with his nose in the air and his cap turned wrong side before, trying to appear absent-minded and eccentric. He was a hard lot.
He invented a stove that would smoke your head off in four hours by the clock. One can see the almost devilish satisfaction he took in it by his giving it his name.
He was always proud of telling how he entered Philadelphia for the first time, with nothing in the world but two shillings in his pocket and four rolls of bread under his arm. But really, when you come to examine it critically, it was nothing. Anybody could have done it.
To the subject of this memoir belongs the honor of recommending the army to go back to bows and arrows in place of bayonets and muskets. He observed, with his customary force, that the bayonet was very well under some circumstances, but that he doubted whether it could be used with accuracy at a long range.
Benjamin Franklin did a great many notable things for his country, and made her young name to be honored in many lands as the mother of such a son. It is not the idea of this memoir to ignore that or cover it up. No; the simple idea of it is to snub those pretentious maxims of his, which he worked up with a great show of originality out of truisms that had become wearisome platitudes as early as the dispersion from Babel; and also to snub his stove, and his military inspirations, his unseemly endeavor to make himself conspicuous when he entered Philadelphia, and his flying his kite and fooling away his time in all sorts of such ways when he ought to have been foraging for soap-fat, or constructing candles. I merely desired to do away with somewhat of the prevalent calamitous idea among heads of families that Franklin acquired his great genius by working for nothing, studying by moonlight, and getting up in the night instead of waiting till morning like a Christian; and that this program, rigidly inflicted, will make a Franklin of every father’s fool. It is time these gentlemen were finding out that these execrable eccentricities of instinct and conduct are only the evidences of genius, not the creators of it. I wish I had been the father of my parents long enough to make them comprehend this truth, and thus prepare them to let their son have an easier time of it. When I was a child I had to boil soap, notwithstanding my father was wealthy, and I had to get up early and study geometry at breakfast, and peddle my own poetry, and do everything just as Franklin did, in the solemn hope that I would be a Franklin some day. And here I am.
Our esteemed friend, Mr. John William Bloke, of Virginia City, walked into the office where we are sub-editor at a late hour last night, with an expression of profound and heartfelt suffering upon his countenance, and, sighing heavily, laid the following item reverently upon the desk, and walked slowly out again. He paused a moment at the door, and seemed struggling to command his feelings sufficiently to enable him to speak, and then, nodding his head toward his manuscript, ejaculated in a broken voice, “Friend of mine – oh! how sad!” and burst into tears. We were so moved at his distress that we did not think to call him back and endeavor to comfort him until he was gone, and it was too late. The paper had already gone to press, but knowing that our friend would consider the publication of this item important, and cherishing the hope that to print it would afford a melancholy satisfaction to his sorrowing heart, we stopped the press at once and inserted it in our columns:
Distressing accident. – Last evening, about six o’clock, as Mr. William Schuyler, an old and respectable citizen of South Park, was leaving his residence to go down-town, as has been his usual custom for many years with the exception only of a short interval in the spring of 1850, during which he was confined to his bed by injuries received in attempting to stop a runaway horse by thoughtlessly placing himself directly in its wake and throwing up his hands and shouting, which if he had done so even a single moment sooner, must inevitably have frightened the animal still more instead of checking its speed, although disastrous enough to himself as it was, and rendered more melancholy and distressing by reason of the presence of his wife’s mother, who was there and saw the sad occurrence notwithstanding it is at least likely, though not necessarily so, that she should be reconnoitering in another direction when incidents occur, not being vivacious and on the lookout, as a general thing, but even the reverse, as her own mother is said to have stated, who is no more, but died in the full hope of a glorious resurrection, upwards of three years ago; aged eighty-six, being a Christian woman and without guile, as it were, or property, in consequence of the fire of 1849, which destroyed every single thing she had in the world. But such is life. Let us all take warning by this solemn occurrence, and let us endeavor so to conduct ourselves that when we come to die we can do it. Let us place our hands upon our heart, and say with earnestness and sincerity that from this day forth we will beware of the intoxicating bowl. – ‘First Edition of the Californian.’
The head editor has been in here raising the mischief, and tearing his hair and kicking the furniture about, and abusing me like a pickpocket. He says that every time he leaves me in charge of the paper for half an hour I get imposed upon by the first infant or the first idiot that comes along. And he says that that distressing item of Mr. Bloke’s is nothing but a lot of distressing bosh, and has no point to it, and no sense in it, and no information in it, and that there was no sort of necessity for stopping the press to publish it.
Now all this comes of being good-hearted. If I had been as unaccommodating and unsympathetic as some people, I would have told Mr. Bloke that I wouldn’t receive his communication at such a late hour; but no, his snuffling distress touched my heart, and I jumped at the chance of doing something to modify his misery. I never read his item to see whether there was anything wrong about it, but hastily wrote the few lines which preceded it, and sent it to the printers. And what has my kindness done for me? It has done nothing but bring down upon me a storm of abuse and ornamental blasphemy.
Now I will read that item myself, and see if there is any foundation for all this fuss. And if there is, the author of it shall hear from me.
I have read it, and I am bound to admit that it seems a little mixed at a first glance. However, I will peruse it once more.
I have read it again, and it does really seem a good deal more mixed than ever.
I have read it over five times, but if I can get at the meaning of it I wish I may get my just deserts. It won’t bear analysis. There are things about it which I cannot understand at all. It don’t say whatever became of William Schuyler. It just says enough about him to get one interested in his career, and then drops him. Who is William Schuyler, anyhow, and what part of South Park did he live in, and if he started down-town at six o’clock, did he ever get there, and if he did, did anything happen to him? Is he the individual that met with the “distressing accident”? Considering the elaborate circumstantiality of detail observable in the item, it seems to me that it ought to contain more information than it does. On the contrary, it is obscur – and not only obscure, but utterly incomprehensible. Was the breaking of Mr. Schuyler’s leg, fifteen years ago, the “distressing accident” that plunged Mr. Bloke into unspeakable grief, and caused him to come up here at dead of night and stop our press to acquaint the world with the circumstance? Or did the “distressing accident” consist in the destruction of Schuyler’s mother-in-law’s property in early times? Or did it consist in the death of that person herself three years ago (albeit it does not appear that she died by accident)? In a word, what did that “distressing accident” consist in? What did that driveling ass of a Schuyler stand in the wake of a runaway horse for, with his shouting and gesticulating, if he wanted to stop him? And how the mischief could he get run over by a horse that had already passed beyond him? And what are we to take “warning” by? And how is this extraordinary chapter of incomprehensibilities going to be a “lesson” to us? And, above all, what has the intoxicating “bowl” got to do with it, anyhow? It is not stated that Schuyler drank, or that his wife drank, or that his mother-in-law drank, or that the horse drank – wherefore, then, the reference to the intoxicating bowl? It does seem to me that if Mr. Bloke had let the intoxicating bowl alone himself, he never would have got into so much trouble about this exasperating imaginary accident. I have read this absurd item over and over again, with all its insinuating plausibility, until my head swims; but I can make neither head nor tail of it. There certainly seems to have been an accident of some kind or other, but it is impossible to determine what the nature of it was, or who was the sufferer by it. I do not like to do it, but I feel compelled to request that the next time anything happens to one of Mr. Bloke’s friends, he will append such explanatory notes to his account of it as will enable me to find out what sort of an accident it was and whom it happened to. I had rather all his friends should die than that I should be driven to the verge of lunacy again in trying to cipher out the meaning of another such production as the above.
The secret revealed.
It was night. Stillness reigned in the grand old feudal castle of Klugenstein. The year 1222 was drawing to a close. Far away up in the tallest of the castle’s towers a single light glimmered. A secret council was being held there. The stern old lord of Klugenstein sat in a chair of state meditating. Presently he said, with a tender accent:
“My daughter!”
A young man of noble presence, clad from head to heel in knightly mail, answered:
“Speak, father!”
“My daughter, the time is come for the revealing of the mystery that hath puzzled all your young life. Know, then, that it had its birth in the matters which I shall now unfold. My brother Ulrich is the great Duke of Brandenburgh. Our father, on his deathbed, decreed that if no son were born to Ulrich, the succession should pass to my house, provided a son were born to me. And further, in case no son were born to either, but only daughters, then the succession should pass to Ulrich’s daughter, if she proved stainless; if she did not, my daughter should succeed, if she retained a blameless name. And so I and my old wife here prayed fervently for the good boon of a son, but the prayer was vain. You were born to us. I was in despair. I saw the mighty prize slipping from my grasp – the splendid dream vanishing away! And I had been so hopeful! Five years had Ulrich lived in wedlock, and yet his wife had borne no heir of either sex.
“‘But hold,’ I said, ‘all is not lost.’ A saving scheme had shot athwart my brain. You were born at midnight. Only the leech, the nurse, and six waiting-women knew your sex. I hanged them every one before an hour sped. Next morning all the barony went mad with rejoicing over the proclamation that a son was born to Klugenstein – an heir to mighty Brandenburgh! And well the secret has been kept. Your mother’s own sister nursed your infancy, and from that time forward we feared nothing.
“When you were ten years old, a daughter was born to Ulrich. We grieved, but hoped for good results from measles, or physicians, or other natural enemies of infancy, but were always disappointed. She lived, she throve – Heaven’s malison upon her! But it is nothing. We are safe. For, ha!ha! have we not a son? And is not our son the future duke? Our well-beloved Conrad, is it not so? – for, woman of eight-and-twenty years as you are, my child, none other name than that hath ever fallen to you!
“Now it hath come to pass that age hath laid its hand upon my brother, and he waxes feeble. The cares of state do tax him sore, therefore he wills that you shall come to him and be already duke in act, though not yet in name. Your servitors are ready – you journey forth to-night.
“Now listen well. Remember every word I say. There is a law as old as Germany, that if any woman sit for a single instant in the great ducal chair before she hath been absolutely crowned in presence of the people, she shall die! So heed my words. Pretend humility. Pronounce your judgments from the Premier’s chair, which stands at the foot of the throne. Do this until you are crowned and safe. It is not likely that your sex will ever be discovered, but still it is the part of wisdom to make all things as safe as may be in this treacherous earthly life.”
“Oh, my father, is it for this my life hath been a lie? Was it that I might cheat my unoffending cousin of her rights? Spare me, father, spare your child!”
“What, hussy! Is this my reward for the august fortune my brain has wrought for thee? By the bones of my father, this puling sentiment of thine but ill accords with my humor.
“Betake thee to the duke, instantly, and beware how thou meddlest with my purpose!”
Let this suffice, of the conversation. It is enough for us to know that the prayers, the entreaties and the tears of the gentle-natured girl availed nothing. Neither they nor anything could move the stout old lord of Klugenstein. And so, at last, with a heavy heart, the daughter saw the castle gates close behind her, and found herself riding away in the darkness surrounded by a knightly array of armed vassals and a brave following of servants.
The old baron sat silent for many minutes after his daughter’s departure, and then he turned to his sad wife and said:
“Dame, our matters seem speeding fairly. It is full three months since I sent the shrewd and handsome Count Detzin on his devilish mission to my brother’s daughter Constance. If he fail, we are not wholly safe, but if he do succeed, no power can bar our girl from being Duchess e’en though ill-fortune should decree she never should be Duke!”
“My heart is full of bodings, yet all may still be well.”
“Tush, woman! Leave the owls to croak. To bed with ye, and dream of Brandenburgh and grandeur!”