Page:Sketches by Mark Twain.djvu/180

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178
sketches by mark twain.

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 a while, and said there was no way of coming to a determination, because just as many men could be brought into court who would