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."