The First UFO Lawsuit?

In the early 1950s there were two news stories one year apart about UFO-related court cases. We'll take the later one first, since it involves an alleged flying saucer crash.

Case 1: Fell on a Farmer

Dateline: Columbus, Ohio, Oct. 7, 1953, the injured party, one Ferdinand Hackover.

The Ames Daily Tribune, October 9, 1953

Debris from US government-launched balloon projects has been found since well before Roswell, from broken Rawin targets to Radiosondes. It's rare, but sometimes the debris has conked people. Here's a better documented case from 1963, one caused by the Weather Bureau.

The Times-Picayune, New Orleans, LA,  Nov. 12, 1963

Case 2: Stripper Sues Saucer Scientist

The 1952 legal complaint was about an early attempt to duplicate flying saucer performance and technology.

Dateline: Feb. 7, 1952, New Orleans, Louisiana, the injured party, one Evelyn West, a celebrity who was interested in furthering a UFO research project.

Evelyn West in magazines and newspapers

The Daily News, New York, Feb. 7, 1952

The Ames Daily Tribune, Feb. 7, 1952

There's not enough information to determine if she was the victim of a con man, or merely an inept inventor with big dreams. Sadly, there was follow-up to the story, but Sir magazine Feb. 1956 featured the article, “'Treasure Chest' West and the Nudists,” which was focused on West’s controversial role as a proponent of nudism. It did mention the flying saucer investment lawsuit in passing, but didn’t provide any update on the outcome.

Saucer Exploitation

What these two 1950s saucer lawsuit stories have in common is that there's no further record of either of them. Evelyn West was real, and quite famous, but we were unable to find a trace of  an alleged inventor by the name of Steven Vitko. Likewise for the Ohio farmer in, no record found of any person named Ferdinand Hackover.

True or not, the stories are good examples of the game the newspapers played, exploiting saucers as serious news, but other times playing them just for laughs. They didn't spend much time sorting out  or updating details of a novelty story from yesterday's news. What really mattered was selling newspapers today.

. . .

As with so many of the most interesting UFO cases featured here at The Saucers That Time Forgot, Project Blue Book had no file on any of these incidents.

Feb. 3, 1953: The Oklahoma Flying Saucer Flop

Not all man-made flying saucers are hoaxes. Some are the attempts of enterprising engineers to duplicate the objects and performance described by flying saucer witnesses.

Sooner Magazine, March 1953

On February 3, 1953, an event at the University of Oklahoma marked the opening of their new engineering facilities.  It was celebrated by a flying saucer launch. The press considered it a flop.

The Daily Ardmoreite, Feb. 4, 1953

"Flying Saucer" Built By Students Falls First Test 

NORMAN, Okla., Feb. 5 —UP— Aeronautical engineering students at the University of Oklahoma Wednesday were trying to figure out why their "flying" saucer — 30-inch model—won't fly. The builders, with a large, ready-made crowd left over from dedication ceremonies for their new classroom-laboratory building Tuesday afternoon, came off red-faced when the shiny disc sputtered, whirled around a few times, and flopped to the ground. "Our smaller wind-tunnel models worked," mused the designer, Bob Winneberger, Oklahoma City. "Must be something wrong with this one." Winneberger had warned that the "saucer" might not fly, since it was finished in a dead heat with the dedication and he did not have a chance to test it. 

Lubbock Evening Journal  February 5, 1953


The launch was the cover feature of the March 1953 issue of Sooner Magazine, published for University of Oklahoma graduates and former students. While they acknowledged the larger model did not launch, they chose to emphasize that the smaller model had successfully launched.

O.U. Engineering students have proved conclusively that flying saucers are possible. A small model, powered by rockets, delighted a crowd of 1,000 gathered to dedicate the Aeronautical Engineering Building on the North Campus as the saucer lifted, dipped and flew on. The dedication had CBS national radio coverage. Bob Winneberger, aeronautical engineering student, designed the saucer.

Beyond Human Ken

The Sooner Magazine issue also had a pair of thematically linked essays, the first on the history of aviation, "Up in the Air" by L.A. Comp, Professor of Aeronautical Engineering, who probably authorized the flying saucer demonstration.

The second essay was by a science fiction author, "The Sky's No Limit" by Dwight V. Swain, Instructor in Journalism. He discusses the far future of 1975, and the difficulty of imagining the unknown. A select quote: 

Consider, for example, the plight of the author or artist who creates "extraterrestrial life-forms" (what most folks call bug-eyed monsters) for pseudo-science magazines. Even with the accent on imagination and no holds barred, the boys still come up with relatively unoriginal (and unimpressive) variations on the familiar...  In a word, no one can imagine anything truly beyond human ken, any more than a Stone Age savage could invent radar.

That's worth thinking about, and even our understanding of UFOs could be a failure of our imagination, by thinking of them only in terms equivalent to our own aircraft. Nevertheless, exploring these kinds of ideas can serve as inspiration, and pursuing these dreams and visions can lead to making technological breakthroughs and new scientific discoveries. Along the way, there have been some missteps and bad launches. That's expected. What matters is that we keep at the work of reaching for the stars.

As with so many of the most interesting UFO cases featured here at The Saucers That Time Forgot, Project Blue Book has no file on this incident. 

Flying Saucer Ambush: Brush Creek, CA, 1953

Gail Sprague, illustration for The Saucerian #2, 1953

This case cannot truly be considered forgotten because Gray Barker devoted an entire chapter to it in his classic 1956 book,  They Knew Too Much About Flying Saucers.

John Black and John Van Allen told authorities they had been mining "fissionable material" in the Marble Creek area near Brush Creek, California. On at least two occasions, they witnessed a flying saucer land and a small man get out, fill a pail with water, then fly away. There seemed to be a pattern to the visits, so the miners intended to be ready to shoot at the saucer when it returned. They consulted the local law enforcement asking for permission to fire at it. The Brush Creek incident raised some ethical and legal challenges. Can aliens be shot for trespassing? Captain Fred Preston of the County Sheriff's Department, said no.

Idaho State Journal June 25, 1953

Long Beach Independent, June 25, 1953

Gray Barker, author of They Knew Too Much About Flying Saucers. 

Gray Barker reported on the case in the first issue of The Saucerian, and followed up in the second issue, "Report on the Brush Creek Saucer," which was the basis for his coverage in They Knew Too Much About Flying Saucers.

To me the story somehow smacked of truth, and I felt I should try to get to the bottom of it. Paul Spade, an amateur astronomer of California, who had volunteered his services to saucer investigation in his area, also volunteered to go to Brush Creek and look into the matter.

Spade provided the most detailed description of the saucer argument: 

The little man wore green trousers, a jacket and a tie. His shoes were particularly strange in that they seem to be so remarkably flexible. Although they were distinctly recognizable issues, they seemed almost to be a part of the man's feet. The outfit was topped off with a green cab over black hair. He seem like a normal person and except for his small stature and somewhat odd dress.

They Knew Too Much About Flying Saucers

300 people were ready for the saucer's return, but apparently a much smaller number was ready at the alleged landing site.

Long Beach Independent, July 20, 1953

The Chico Enterprise-Record, July 21, 1953

The saucer did not return. Among the puzzles in this case is why the miners would have wanted to shoot their visitor. In the trespasses on their camp, the little man only took a bucket of water on each visit. That's hardly a crime worth punishing if it risks starting an interplanetary war.

We were unable to find much on John Q. Black, but the obituary for John J. Van Allen indicates that he was a veteran of World War I, and died on June 3, 1957, at the age of 64.

This Brush Creek incident is not forgotten, and is cited in many UFO databases and prominent books like Passport to Magonia by Jacques Vallée. However, considering the absence of tangible evidence, it would seem to be fit only for a discussion of folklore.  For further reading, see the entry by Patrick Gross at UFOs at Close Sight:

MAY 20, JUNE 20, 1953, BRUSH CREEK, CALIFORNIA, USA, JOHN B. BLACK AND JOHN J. VAN ALLEN

Project Blue Book Case does have a 12-page file: 20 May 1953, Brush Creek, California. The Air Force closed the case on the Brush Creek incident, and it was classified a hoax.

. . .

A special thanks to Louis Taylor of Information Dispersal for the original UP photo of Black and Van Allen.