Journalists -- Fiction; Science fiction, American; Space ships -- Fiction
"Ho_ho_. Well, there might be a story in it, but I can't see that it
would be much of one. It isn't as if a rocket shoot were something
unusual. The only thing unusual about it is that it's a private
enterprise shoot instead of a Government one."
Winstein said: "Might be more to it than that. Do you remember the trial
in '79?"
"Vaguely. As I remember it, he claimed he didn't send up a rocket, but
the evidence showed overwhelmingly that he had. The jury wasn't out
more than a few minutes, as I remember."
"There was a little more to it than that," Winstein said.
"I was in South Africa at the time," Elshawe said. "Covering the civil
war down there, remember?"
"That's right. You're excused," Winstein said, grinning. "The thing was
that Malcom Porter didn't claim he hadn't sent the thing up. What he did
claim was that it wasn't a rocket. He claimed that he had a new kind of
drive in it--something that didn't use rockets.
"The Army picked the thing up on their radar screens, going straight up
at high acceleration. They bracketed it with Cobra pursuit rockets and
blew it out of the sky when it didn't respond to identification signals.
They could trace the thing back to its launching pad, of course, and
they nabbed Malcom Porter.
"Porter was furious. Wanted to slap a suit against the Government for
wanton destruction of private property. His claim was that the law
forbids unauthorized rocket tests all right, but his missile wasn't
illegal because it wasn't a rocket."
"What did he claim it was?" Elshawe asked.
"He said it was a secret device of his own invention. Antigravity, or
something like that."
"Did he try to prove it?"
"No. The Court agreed that, according to the way the law is worded, only
'rocket-propelled missiles' come under the ban. The judge said that if
Malcom Porter could prove that the missile wasn't rocket-propelled, he'd
dismiss the case. But Porter wanted to prove it by building another
missile. He wouldn't give the court his plans or specifications for the
drive he claimed he'd invented, or say anything about it except that it
operated--and I quote--'on a new principle of physics'--unquote. Said he
wouldn't tell them anything because the Government was simply using this
as an excuse to take his invention away from him."
Elshawe chuckled. "That's as flimsy a defense as I've heard."
"Don't laugh," said Winstein. "It almost worked."
"What? How?"
"It threw the burden of proof on the Government. They thought they had
him when he admitted that he'd shot the thing off, but when he denied
that it was a rocket, then, in order to prove that he'd committed a
crime, they had to prove that it _was_ a rocket. It wasn't up to Porter
to prove that it _wasn't_."
"Hey," Elshawe said in admiration, "that's pretty neat. I'm almost sorry
it didn't work."
* * * * *
Public-domain text, read in full here on John Shaqi.
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