The Complete Short Stories of Mark Twain - All 169 Tales in One Edition. Mark Twain
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[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. 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.”
THE LATE BENJAMIN FRANKLIN
[written about 1870]
[“Never put off till tomorrow what you can do day after tomorrow 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,