Nick Carter Stories No. 149, July 17, 1915: A Network of Crime; or, Nick Carter's Tangled Skein.Carter, Nicholas (House name)
General
Nick Carter Stories No. 149, July 17, 1915: A Network of Crime; or, Nick Carter's Tangled Skein.
Carter, Nicholas (House name)
Detective and mystery stories, American -- Periodicals; Popular literature -- Periodicals
Frank Lemmer, a taxidermist, was the object of an obituary notice in the
Great Falls _Tribune_, W. M. Bole’s newspaper. The notice had him dead,
and dead to rights, because of an overdose of morphine, administered
upon a prescription by a physician, but evidently the _Tribune_ made the
mistake of not putting Mr. Lemmer in the birth column the next morning,
although it explained later that Lemmer had arisen from the dead, with
due apologies to the supposed dead man.
Now, Lemmer objected to being called a “dead one,” and promptly
instituted suit against the _Tribune_, claiming that he was not dead,
and that his business as a taxidermist had been injured by the alleged
malicious publication that he was dead.
Naturally, the defendants demurred both generally and specifically,
which demurrer was sustained by the Cascade District Court. The
plaintiff thereupon declined to plead further, and suffered judgment of
dismissal with costs. Naturally an appeal was taken.
Justice Sanner, Chief Justice Brantly, and Associate Justice Holloway
concurring, calls attention to the inference contained in the
publication of the alleged death of Lemmer.
“The necessary inferences are,” says the opinion, “that Frank Lemmer
died; that he died from an overdose of morphine; that the morphine was
procured on a doctor’s prescription, which prescription was obtained at
Lemmer’s instance by a stranger. None of these circumstances, nor all of
them, suggest anything disgraceful or criminal.”
The opinion then proceeds to say that it is no disgrace to die, and that
one may die without moral turpitude from an overdose of morphine
procured by a doctor’s prescription, even though a stranger acted as
messenger in the transition.
“Speaking generally,” continues the opinion, “there is no doubt that one
may suffer such damages from almost any publication whatever,
particularly a publication to the effect that he is dead; but whenever
such damages are sought, it is not enough to aver generally that in
consequence to the publication the plaintiff has been damaged in his
business; the facts showing such damages must be alleged or no cause of
action is stated.”
The opinion then proceeds to show that the demurrer to the complaint was
properly sustained, and the judgment is affirmed.
“Movie” Mysteries Are Here Explained.
Rumbling bass notes from the unbridled, unleashed piano. Thunderous
roars from the big bass drum. Frequent crashes of brassy cymbals. You
instinctively clap your hands to your ears and breathlessly await the
bursting of the awful tornado that is scurrying over your head.
Then comes a pause in the deafening and ominous roar--the house is so
still you can hear the clicking of the projecting machine as the film is
reeled off.
Yes; we are in the midst of a fearsome forest, and the heroine is just
about to merge from the inky blackness with all her troubles--there she
is, now!
Public-domain text, read in full here on John Shaqi.
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