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*** START OF THIS PROJECT GUTENBERG EBOOK ...OR YOUR MONEY BACK *** Produced by Greg Weeks, Bruce Albrecht, Mary Meehan and the Online Distributed Proofreading Team at http://www.pgdp.net ... OR YOUR MONEY BACK BY DAVID GORDON Illustrated by Summers [Transcriber note: This etext was produced from Astounding Science Fiction, September 1959. Extensive research did not uncover any evidence that the U.S. copyright on this publication was renewed.]
There are lots of things that are considered perfectly acceptable ... provided they don't work. And of course everyone knows they really don't, which is why they're acceptable....

There are times when I don't know my own strength. Or, at least, the strength of my advice. And the case of Jason Howley was certainly an instance of one of those times.

When he came to my office with his gadget, I heard him out, trying to appear both interested and co-operative—which is good business. But I am forced to admit that neither Howley nor his gadget were very impressive. He was a lean, slope-shouldered individual, five-feet-eight or nine—which was shorter than he looked—with straight brown hair combed straight back and blue eyes which were shielded with steel-rimmed glasses. The thick, double-concave lenses indicated a degree of myopia that must have bordered on total blindness without glasses, and acute tunnel vision, even with them.

He had a crisp, incisive manner that indicated he was either a man who knew what he was doing or a man who was trying to impress me with a ready-made story. I listened to him and looked at his gadget without giving any more indication than necessary of what I really thought.

When he was through, I said: "You understand, Mr. Howley that I'm not a patent lawyer; I specialize in criminal law. Now, I can recommend—"

But he cut me off. "I understand that, counselor," he said sharply. "Believe me, I have no illusion whatever that this thing is patentable under the present patent system. Even if it were, this gadget is designed to do something that may or may not be illegal, which would make it hazardous to attempt to patent it, I should think. You don't patent new devices for blowing safes or new drugs for doping horses, do you?"

"Probably not," I said dryly, "although, as I say, I'm not qualified to give an opinion on patent law. You say that gadget is designed to cause minute, but significant, changes in the velocities of small, moving objects. Just how does that make it illegal?"

He frowned a little. "Well, possibly it wouldn't, except here in Nevada. Specifically, it is designed to influence roulette and dice games."

I looked at the gadget with a little more interest this time. There was nothing new in the idea of inventing a gadget to cheat the red-and-black wheels, of course; the local cops turn up a dozen a day here in the city. Most of them either don't work at all or else they're too obvious, so the users get nabbed before they have a chance to use them.

The only ones that really work have to be installed in the tables themselves, which means they're used to milk the suckers, not rob the management. And anyone in the State of Nevada who buys a license to operate and then uses crooked wheels is (a) stupid, and (b) out of business within a week. Howley was right. Only in a place where gambling is legalized is it illegal—and unprofitable—to rig a game.

The gadget itself didn't look too complicated from the outside. It was a black plastic box about an inch and a half square and maybe three and a half long. On one end was a lensed opening, half an inch in diameter, and on two sides there were flat, silver-colored plates. On the top of it, there was a dial which was, say, an inch in diameter, and it was marked off just exactly like a roulette wheel.

"How does it work?" I asked.

He picked it up in his hand, holding it as though it were a flashlight, with the lens pointed away from him.

"You aim the lens at the wheel," he explained, "making sure that your thumb is touching the silver plate on one side, and your fingers touching the plate on the other side. Then you set this dial for whatever number you want to come up and concentrate on it while the ball is spinning. For dice, of course, you only need to use the first six or twelve numbers on the dial, depending on the game."

I looked at him for a long moment, trying to figure his angle. He looked back steadily, his eyes looking like small beads peering through the bottoms of a couple of shot glasses.

"You look skeptical, counselor," he said at last.

"I am. A man who hasn't got the ability to be healthily skeptical has no right to practice law—especially criminal law. On the other hand, no lawyer has any right to judge anything one way or the other without evidence.

"But that's neither here nor there at the moment. What I'm interested in is, what do you want me to do? People rarely come to a criminal lawyer unless they're in a jam. What sort of jam are you in at the moment?"

"None," said Howley. "But I will be very soon. I hope."

Well, I've heard odder statements than that from my clients. I let it ride for the moment and looked down at the notes I'd taken while he'd told me his story.

"You're a native of New York City?" I asked.

"That's right. That's what I said."

"And you came out here for what? To use that thing on our Nevada tables?"

"That's right, counselor."

"Can't you find any games to cheat on back home?"

"Oh, certainly. Plenty of them. But they aren't legal. I wouldn't care to get mixed up in anything illegal. Besides, it wouldn't suit my purpose."

That stopped me for a moment. "You don't consider cheating illegal? It certainly is in Nevada. In New York, if you were caught at it, you'd have the big gambling interests on your neck; here, you'll have both them and the police after you. And the district attorney's office."

He smiled. "Yes, I know. That's what I'm expecting. That's why I need a good lawyer to defend me. I understand you're the top man in this city."

"Mr. Howley," I said carefully, "as a member of the Bar Association and a practicing attorney in the State of Nevada, I am an Officer of the Court. If you had been caught cheating and had come to me, I'd be able to help you. But I can't enter into a conspiracy with you to defraud legitimate businessmen, which is exactly what this would be."

He blinked at me through those shot-glass spectacles. "Counselor, would you refuse to defend a man if you thought he was guilty?"

I shook my head. "No. Legally, a man is not guilty until proven so by a court of law. He has a right to trial by jury. For me to refuse to give a man the defense he is legally entitled to, just because I happened to think he was guilty, would be trial by attorney. I'll do the best I can for any client; I'll work for his interests, no matter what my private opinion may be."

He looked impressed, so I guess there must have been a note of conviction in my voice. There should have been, because it was exactly what I've always believed and practiced.

"That's good, counselor," said Howley. "If I can convince you that I have no criminal intent, that I have no intention of defrauding anyone or conspiring with you to do anything illegal, will you help me?"

I didn't have to think that one over. I simply said, "Yes." After all, it was still up to me to decide whether he convinced me or not. If he didn't, I could still refuse the case on those grounds.

"That's fair enough, counselor," he said. Then he started talking.

Instead of telling you what Jason Howley said he was going to do, I'll tell you what he did do. They are substantially the same, anyway, and the old bromide about actions speaking louder than words certainly applied in this case.

Mind you, I didn't see or hear any of this, but there were plenty of witnesses to testify as to what went on. Their statements are a matter of court record, and Jason Howley's story is substantiated in every respect.

He left my office smiling. He'd convinced me that the case was not only going to be worthwhile, but fun. I took it, plus a fat retainer.

Howley went up to his hotel room, changed into his expensive evening clothes, and headed out to do the town. I'd suggested several places, but he wanted the biggest and best—the Golden Casino, a big, plush, expensive place that was just inside the city limits. In his pockets, he was carrying less than two hundred dollars in cash.

Now, nobody with that kind of chicken feed can expect to last long at the Golden Casino unless they stick to the two-bit one-armed bandits. But putting money on a roulette table is in a higher bracket by far than feeding a slot machine, even if you get a steady run of lemons.

Howley didn't waste any time. He headed for the roulette table right away. He watched the play for about three spins of the wheel, then he took out his gadget—in plain sight of anyone who cared to watch—and set the dial for thirteen. Then he held it in his hand with thumb and finger touching the plates and put his hand in his jacket pocket, with the lens aimed at the wheel. He stepped up to the table, bought a hundred dollars worth of chips, and put fifty on Number Thirteen.

"No more bets," said the croupier. He spun the wheel and dropped the ball.

"Thirteen, Black, Odd, and Low," he chanted after a minute. With a practiced hand, he raked in the losers and pushed out Howley's winnings. There was sixteen hundred dollars sitting on thirteen now. Howley didn't touch it.

The wheel went around and the little ball clattered around the rim and finally fell into a slot.

"Thirteen, Black, Odd, and Low," said the croupier. This time, he didn't look as nonchalant. He peered curiously at Howley as he pushed out the chips to make a grand total of fifty-one thousand two hundred dollars. The same number doesn't come up twice in succession very often, and it is very rare indeed that the same person is covering it both times with a riding bet.

"Two thousand limit, sir," the croupier said, when it looked as though Howley was going to let the fifty-one grand just sit there.

Howley nodded apologetically and pulled off everything but two thousand dollars worth of chips.

The third time around, the croupier had his eyes directly on Howley as he repeated the chant: "Thirteen, Black, Odd, and Low." Everybody else at the table was watching Howley, too. The odds against Howley—or anyone else, for that matter—hitting the same number three times in a row are just under forty thousand to one.

Howley didn't want to overdo it. He left two thousand on thirteen, raked in the rest, and twisted the dial on his gadget over a notch.

Everyone at the table gasped as the little ball dropped.

"That was a near miss," whispered a woman standing nearby.

The croupier said: "Fourteen, Red, Even, and Low." And he raked in Howley's two thousand dollars with a satisfied smile. He had seen runs of luck before.

Howley deliberately lost two more spins the same way. Nobody who was actually cheating would call too much attention to himself, and Howley wanted it to look as though he were trying to cover up the fact that he had a sure thing.

He took the gadget out of his pocket and deliberately set it to the green square marked 00. Then he put it back in his pocket and put two thousand dollars on the Double Zero.

There was more than suspicion in the croupier's eyes when he raked in all the bets on the table except Howley's. It definitely didn't look good to him. A man who had started out with a fifty-dollar bet had managed to run it up to one hundred seventy-four thousand two hundred dollars in six plays.

Howley looked as innocent as possible under the circumstances, and carefully dropped the dial on his gadget back a few notches. Then he bet another two thousand on High, an even money bet.

Naturally, he won.

He twisted the dial back a few more notches and won again on High.

Then he left it where it was and won by betting on Red.

By this time, of course, things were happening. The croupier had long since pressed the alarm button, and five men had carefully surrounded Howley. They looked like customers, but they were harder-looking than the average, and they were watching Howley, not the wheel. Farther back from the crowd, three of the special deputies from the sheriff's office were trying to look inconspicuous in their gray uniforms and white Stetsons and pearl-handled revolvers in black holsters. You can imagine how inconspicuous they looked.

Howley decided to do it up brown. He reset his gadget as surreptitiously as possible under the circumstances, and put his money on thirteen again.

"Thirteen, Black, Odd, and Low," said the croupier in a hollow voice.

The five men in evening dress and the three deputies moved in closer.

Howley nonchalantly scraped in his winnings, leaving the two thousand on the thirteen spot.

There was a combination of hostility and admiration in every eye around the table when the croupier said, "Thirteen, Black, Odd, and Low" for the fifth time in the space of minutes. And everyone of those eyes was turned on Jason Howley.

The croupier smiled his professional smile. "I'm sorry, ladies and gentlemen; we'll have to discontinue play for a while. The gentleman has broken the bank at this table." He turned

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