The Complete Short Stories of Mark Twain (Illustrated). Mark Twain
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."
The Late Benjamin Franklin
("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,