The sun., 1908-05-13
.oJARE WITH LYDIA PINKHAM
u mn ron GIRL DESCRIBED As
~ INVALID.

. rc,IOund Her ret fhOtO IN lne FHpof One
Morning VITA HOrrlfylng Details Of
IIer Aches and She Invoked = SYM
patalc jury Of Her COuntrymen.
# you happened to bc'a tolerably good
..oGing girl with a dimple in your chin
would il make you hcs'le II you picked up
,pr newspaper some morning and looked
ught into your own picture-the one taken
d, that low neckei dress with the roses go
ma underneath It read a nice letter written
I. yours III 10 some female pain killer In
Al the confidential tone one might expect
,.Hng her how dreadfully you had suffered
rom pains in the back and other things
mil YOU had taken her vegetable com
lonnd and how delighted you we're at the
20 suits? Would il or wouldn't IL?
This befell Miss Frances Wynne OF this
Dty year ago, with the usual resalts-men-
rd anguish modification, humiliation,
"A Of peace Of mind and other things
lvyers like to describe. Having suffered
d these and the l. 50 Of her place In a store
4 we'll Miss wynne straightway brought
sit through her lawyers, Alfred and Charles
,Ieckler, against the Lydia 4, Pinkham
,nmpany for $4,000, and 80 impressed
ury in the United States Circuit Court
~ Monday with the fact that she hadn't
cen a sufferer from pains in the back and
hadn't ever taken anybody's compound
lor thcs, or any other ills that she got a
verdict for 5000 damages.
Incidentally il came out in the trial OF
NIsg Wynne's. slit that the job Of getting
rirtures and testimonials from the healed
100 s,mo cas's is farmsd out on a contract
ao.s. - much per. All that there is in it
..r these who really do consent to stand
for il s.ems to he a few free photos.
ks the cGsa was uniolded before Judge
racombe anda juryon Monday Miss Wynns
was silcsgirli in a Sixth avenue department
sore and as healthy as any girl Of % ought
~ ho. A year before the distressing oc-
rrrences related in the slit she took third
,rlle IN a newspaper, beauty contest. which
Slows that her picture Ia something worth
uaying. She came to the store one morn
rs and found the girls all giggling and
rsssing around a newspaper containing
nor picture alongside that Of another girls
with this underneath il:
Miss Elizabeth Wynn of 2O5 Eighth avenue
Non York city. writes; For months suffered
9TH dreadful headaches, pain h the back
.ni severe hemorrhages. was weak and out
of sorts all the time. Lydia y. Pinkham =
,cretabe compound helped me when all
.ther medicines had failed A IL seemed 10 be
us what needed and QuicGly restored my
LeaIth.
Miss Wynne didn't live at POS Eighth
venue and there had been a slight change
m the spelling Of her name, hut there was
rre picture showing her in the only low cut
,'ras- she owned, as she told the jury.
e course every morning after that some
4 the girls had to AJAX her how was her
rrcr hrck, and II got 80 bad that she had
10 give rp her place, she said
Some time before the picture appeared
l,rc with the testimonial one Of the girls
,n tho store, Margaret Tiemey, had told
Hiss Wynne that she had an admirer, in
le rcrson Of a Miss White, who wanted
.ss Wynne to go 70 a photographer's
uo have her picture taken al Miss White .
j
10 had come TO pat on her best dress
and have her picture taken. She said that
-hc had never signed her name TO anything
md had no idea what the purpose was In
n this. The Tierney girl admitted that
-he had signed Miss Wynne's name to the
,rstimoniaI, but insisted that Miss Wynne
nad given her authority to do 80. The
testimonial she had got from Miss White.
When ex-Judge Steckler wanted TO know
why she had used the name Elizabeth in
stead Of Frances she said
Well they used to call her Bessie in
he store and ! thought Elizabeth was her
proper name.
She said that she told the Wynne girl
that she might have a lot OF, mail after the
pictures had been taken and that II she
didn't want such letters coming TO her
rhey could be sent to POS Eighth avenue,
where an aunt OF the Tierney girl lived.
Miss Tierney said that she had known
Miss White for five years and had been
helping her get pictures, but hadn't re-
,pived any pay for 1t. She said that she
rad sent her own picture and a testimonial
10 Miss White. Judge Steckler wanted to
know what she had been suffer ing from,
whereupon Miss Tierney blushed and
wanted 10 know II she really had to Iell,
but Judge IAcombe decided that inquiry
along that line had gone far enough.
Il was Miss Clara A. White apparently
who bossed the job Of getting pictures and
testimonials for Miss Pinkham hereabout.
Nlss White, who was small, graceful looking
and becomingly gOwned in black, gave her
nccupation as literary work From what
anne out in court she writes testimonials
.arRely under a contract with an advertising
concern in Boston, which In turn has a
contract with the Lydia Z. Pinkham COM
pany. The Pinkham company pays for
advertising these testimonials and the ad-
yertising firm pays Miss White, among
others, for getting them.
NIiss White thought Of course that Miss
Wynne had consented TO pose a. one OF
The healed. She said that she had never
,een Miss Wynne, but her friend, Miss
rierney, had told -heR that Miss Wynne
vas willing TO accept some Photographic
IN the usual way and that she supposed
" course Miss Wynne had seen and approved
Il the testimonial Miss White had pre-
rared
The suggestion put out by the defence
hat having entered her picture in beauty
contest Miss Wynne could not have been
iamaRed by such use Of her photograph
was Indignantly repudiated by the plaintih
She had been damaged her lawyer said
grievously damaged, for what man IN the
World would want 10 marry girl nc
natter how good looking, after reading
about ali those dreadful pains she was
supposed TO have hadY II was hendish.
Perhaps the jury looked on II that way
and perhaps they didn't. Az any event
they decided that the law passed in 1905
rorbidding the use OF any portrait for trade
PURPOSES without the written consent ol
lhe original had been violated in Miss
Wynne's case and decided that 80, 900 ould
about cover the damage done
The SeagOers.