Part 3

The plaintiffs (the Comstocks) by their acts have disenabled Moore from using his own name.... (emphasis in original).

In an undated form of contract, between Moore on the one part and George Comstock, William H. Comstock, Judson, and White on the other part, the parties agree, at Moore's option, either to sell all rights and interest in Dr. Morse's Indian Root Pills to him, or to buy them from him, but in the latter event he must covenant that "he will forever refrain from the manufacture or sale of any medicine called Dr. Morse's Root Pills, Moore's Indian Root Pills, or Morse's Pills, or Moore's Pills, or any other name or designation similar to or resembling in any way either thereof...."

In brief, there never was a Dr. Morse--other than Andrew B. Moore. And the Comstocks never claimed any origin of the pills in legal documents, other than their purchase from White. Subsequently, the company fabricated a lengthy history of the discovery of the pills and even pictured Dr. Morse with his "healthy, blooming family." This story was printed in almanacs and in a wrapper accompanying every box of pills. According to this version, "the famous and celebrated Dr. Morse," after completing his education in medical science, traveled widely in Asia, Africa, Europe, and North America, and spent three years among the Indians of our western country, where he discovered the secret of the Indian Root Pills. Returning from one of these journeys after a long absence, he found his father apparently on his death bed. But let us quote the story directly:

A number of years ago this good man was very sick. He had eight of the most celebrated doctors to attend him both night and day. With all their skill this good and pious gentleman grew worse, and finally they gave him up, saying that it was impossible to cure him and he would soon die ... In the afternoon he was taken with shortness of breath and supposed to be dying. The neighbors were sent for, the room soon filled, and many prayers were offered up from the very hearts of these dear Christian people, that some relief might be obtained for this good and pious man.

While these prayers were ascending like sweet incense to the throne above, and every eye was bathed in tears, a rumbling noise was heard in the distance, like a mighty chariot winding its way near, when all at once a fine span of horses, before a beautiful coach, stood before the door, out of which alighted a noble and elegant-looking man. In a moment's time he entered the room, and embraced the hand of his dear father and mother. She clasped her arms around his neck and fainted away.

The Doctor, surprised to see his father so nearly gone, immediately went to his coach, taking therefrom various plants and roots, which he had learned from the Red Men of the forest as being good for all diseases, and gave them to his father, and in about two hours afterwards he was much relieved.... Two days afterwards he was much better, and the third day he could walk about the room ...and now we behold him a strong, active man, and in the bloom of health, and at the age of ninety-five able to ride in one day thirty-five miles, in order to spend his birthday with this celebrated Doctor, his son.

The foregoing event was supposed to have occurred some years before 1847, as the elder Mr. Morse's ninety-fifth birthday referred to was celebrated on November 20, 1847, when he was still hale and hearty. The old gentleman was also said to be enormously wealthy, "with an income of about five hundred thousand dollars annually, and the owner of a number of fine, elegant ships, which sailed in different directions to every part of the world." Dr. Morse, who was the first man to establish that all diseases arise from the impurity of the blood, subsequently discarded his regular practice of medicine and, as a boon to mankind, devoted his entire energy to the manufacture of Dr. Morse's Indian Root Pills.

This story, which was first disseminated as early as the late 1850s, was an entire fabrication. Throughout the patent-medicine era it was the common practice to ascribe an Indian, or at least some geographically remote, origin to all of these nostrums and panaceas. In the words of James Harvey Young, in his book on the Social History of Patent Medicines:

From the 1820's onward the Indian strode nobly through the American patent-medicine wilderness. Hiawatha helped a hair restorative and Pocahontas blessed a bitters. Dr. Fall spent twelve years with the Creeks to discover why no Indian had ever perished of consumption. Edwin Eastman found a blood syrup among the Comanches. Texas Charlie discovered a Kickapoo cure-all, and Frank Cushing pried the secret of a stomach renovator from the Zuni. (Frank, a famous ethnologist, had gone West on a Smithsonian expedition.) Besides these notable accretions to pharmacy, there were Modoc Oil, Seminole Cough Balsam, Nez Perce Catarrh Snuff, and scores more, all doubtless won for the use of white men by dint of great cunning and valor.

Judson's Mountain Herb Pills, a companion product of the Indian Root Pills, had an even more romantic origin--so remarkable, in fact, that the story was embodied in a full-scale paperback novel published by B.L. Judson & Co. in 1859. According to this book, the remedy was discovered--or at least revealed to the world--by a famous adventurer, Dr. Cunard. Dr. Cunard's career somehow bore a remarkable similarity to that of Dr. Morse. He was also the scion of a wealthy family who spent much time traveling throughout the world, and in this process becoming fluent in no less than thirty languages. Eventually he encountered an Aztec princess about to be tortured and sacrificed by Navajo Indians; he interrupted this ceremony only to be captured himself, but by virtue of successfully foretelling an eclipse (happily he had his almanac with him) he won release for himself and the princess. Thereafter he led her back to her home, in some remote part of Mexico, and lived among her people for a year. As a boon for having saved the princess, he was given possession of the ancient healing formula of the Aztecs. Upon returning home Dr. Cunard, in an experience very similar to Dr. Morse's, found his mother on her death bed, but he effected an instant cure by the use of the miraculous herbs he had brought with him. The news spread, soon a wide circle of neighbors was clamoring for this medicine, and in order that all mankind might share in these benefits, Dr. Cunard graciously conveyed the secret to B.L. Judson & Co.

These stories were told entirely straightforwardly, with the intention of being believed. How widely they were actually accepted is difficult to say. In retrospect it seems extremely curious that persons as prominent, as successful, as wealthy as Dr. Morse and Dr. Cunard were never seen or heard by the public, were never mentioned in the newspapers, never ran for public office, their names never listed in any directories, biographies or encyclopedias, and in fact they were not noticed anywhere--except in the advertising material of Comstock & Co. and B.L. Judson. Perhaps such credulity was not unusual in the 1850s, before the advent of widely distributed newspapers and other means of communication, but more than fifty years later, in the early years of the present century, essentially the same version of the history of Dr. Morse was still being printed in the Comstock almanacs.

*The Struggle for Control of the Indian Root Pills*

The agreement of August 10, 1855, between Andrew J. White and the Comstocks established a partnership "for the purpose of manufacturing and selling Dr. Morse's Indian Root Pills and for no other purpose," the partners thereof being A.J. White as an individual and Comstock & Brother as a firm. The new partnership was named A.J. White & Co., but White contributed no money or property--nothing but the right to Dr. Morse's Indian Root Pills. The Comstock firm supplied all of the tangible assets, together with the use of their existing business premises. In turn, Comstock was to receive three fourths and White one fourth of the profits. In brief, the new firm, although bearing White's name, was controlled by the Comstocks.

It is not clear why Moore, the originator of the pills, was not taken into the new business or otherwise recognized in the agreement. As we have seen, White claimed absolute ownership of Dr. Morse's Indian Root Pills, but Moore evidently did not agree, for he continued to manufacture and peddle his own pills, at the same time denouncing those prepared by A.J. White & Co. under Comstock control as forgeries. Moore had previously been in business in Buffalo, at 225 Main Street, under his own name; an announcement in the 1854 Buffalo City Directory (the Commercial Advertiser) describes his firm as successor both to C.C. Bristol and to Moore, Liebetrut & Co. The same directory shows White as merely a clerk at Moore's place of business, although he was made a partner sometime during 1854.

Cyrenius C. Bristol, whose business Moore took over, had entered the drug trade in 1832, initially in partnership with a Dr. G.E. Hayes. In the drug field his best known preparation was Bristol's renowned sarsaparilla, and he is credited with having originated the patent-medicine almanac, along with other advertising innovations. The patent-medicine business, however, represented merely one of his wide-ranging interests; he was also a co-owner of vessels plying the Great Lakes, a publisher, and a dabbler in such occult arts as Mesmerism, Phrenology, and Morse's theory of the electric telegraph. In 1855 he appeared as the proprietor of the Daily Republic, and it was perhaps his growing involvement in publishing that led him to turn his drug business over to Moore.

While we know this much about Moore's antecedents, a very considerable mystery remains. If Moore was the proprietor of his own apparently prosperous drug and medicine business in Buffalo in 1854, with White as one of his clerks, how did it happen that in the following year White represented himself to the Comstocks as the sole owner of Dr. Morse's (Moore's) Indian Root Pills? And Moore, although he initially disputed this claim, left his own business in Buffalo and ultimately joined White and the Comstocks, not even in the capacity of a partner, but merely as an employee.

These events would seem, however, to date the origin of the Indian Root Pills fairly closely. Moore was already manufacturing them in Buffalo prior to White's initial agreement with the Comstocks, but as he did not mention them by name in his Commercial Advertiser announcement in 1854, it is a fair presumption that the pills were new at this time. But they must have caught on very rapidly to induce the Comstocks to enter a partnership with White, under his name, when he contributed only the Indian Root Pills but no cash or other tangible assets.

While manufacturing the pills in Buffalo, Moore had been packaging them under a yellow label bearing a pictorial representation of the British coat-of-arms, flanked on one side by an Indian and on the other by a figure probably supposed to represent a merchant or a sea captain. The labels also described Moore as the proprietor, "without whose signature none can be genuine." And after the formation of A.J. White & Co. and the purported transfer of Dr. Morse's pills to it, Moore still continued to sell the same medicine and to denounce the White-Comstock product as spurious. The latter was packaged under a white label showing an Indian warrior riding horseback and was signed "A.J. White & Co." While the color was shortly changed to blue and the name of the proprietor several times amended through the ensuing vicissitudes, the label otherwise remained substantially unchanged for as long as the pills continued to be manufactured, or for over 100 years.

The nuisance of Moore's independent manufacture of the pills was temporarily eliminated when, on June 21, 1858, Moore was hired by A.J. White & Co. and abandoned competition with them. The Comstocks, in employing him, insisted upon a formal, written agreement whereunder Moore agreed to discontinue any manufacture or sale of the pills and to assign all rights and title therein, together with any related engravings, cuts, or designs, to A.J. White & Co. As previously stated, the two Comstock brothers, Judson, and White had offered either to sell the Indian Root Pill business in its entirety to Moore, or to buy it from him. Moore's employment by A.J. White & Co. presumably followed his election not to purchase and operate the business himself.

So far so good. The Comstocks' claim to the Indian Root Pills through the 75 percent controlled A.J. White & Co. now seemed absolutely secure and the disparagement of their products at an end. But new dissension must have occurred, for on New Year's Day of 1859, without prior notice, Moore and White absented themselves from the Comstock office, taking with them as many of the books, accounts, records, and other assets of A.J. White & Co. as they could carry. Forthwith they established a business of their own, also under the name of A.J. White & Co., at 10 Courtlandt Street, where they resumed the manufacture and distribution of Dr. Morse's Indian Root Pills, under a close facsimile of the label already being used by the A.J. White-Comstock firm.

These events left the Comstocks in an embarrassing position. For over three years they had been promoting the A.J. White trade name, but now they could hardly keep a competitor from operating under his own name. Their official attitude was that the old firm of A.J. White & Co. was still in existence and controlled by the Comstocks. But shortly they conceded this point tacitly when they introduced new labels for the Indian Root Pills, under the name and signature of B. Lake Judson, and advised that any accounts or correspondence with A.J. White & Co. still outstanding should be directed to the new firm of Judson.

Obviously, this state of affairs was extremely confusing to all of the customers. Judson traveled widely through the Canadian maritime provinces and prevailed upon many merchants to disavow orders previously given to the new A.J. White firm at 10 Courtlandt Street. On April 28, 1859, White and Moore, for their part, appointed one James Blakely of Napanee, Canada West, to represent them in the territory between Kingston and Hamilton "including all the back settlements," where he should engage in the collection of all notes and receipts for the Indian Root Pills and distribute new supplies to the merchants. On all collections he was to receive 25 percent; new medicines were to be given out without charge except for freight. In his letter accepting the appointment, Blakely advised that:

I think the pills should be entered here so as to avoid part of the enormous duty. 30% is too much to pay. I think there might be an understanding so that it might be done with safety. Goods coming to me should come by Oswego and from thence by Steamer to Millport. By this route they would save the delay they would be subject to coming by Kingston and avoid the scrutiny they would give them there at the customhouse.

The great bulk of the notes and accounts which were assigned to Blakely for collection were undoubtedly accounts originally established with the old A.J. White & Co. and therefore in dispute with the Comstocks. But in any case, Blakely went vigorously up and down his territory, frequently crossing the paths of agents of the Comstocks, pushing the pills and attempting to collect outstanding bills owed to A.J. White & Co. by persuasion and threats. On July 2, 1860, he wrote that:

My sales have been pretty good. Comstock Pills are put in almost every place, generally on commission at a low figure, but I get them put aside in most cases and make actual sales so they will be likely to get them back.

Meanwhile, back in New York City, the fight between the erstwhile partners went on, mostly in the legal arena. On April 14, 1859, the sheriff, at the instigation of the Comstocks, raided White's premises at 10 Courtlandt Street and seized the books, accounts, and correspondence carried away by White and Moore on January 1. Simultaneously, the Comstocks succeeded in having White and Moore arrested on a charge of larceny "for stealing on last New Year's Day a large number of notes and receipts," and in September White was arrested on a charge of forgery. Since the alleged offense took place in Pennsylvania, he was extradited back to that state. Neither the circumstances nor the disposition of this case is known, but since White claimed the right to collect notes issued by the old A.J. White & Co., it is probable that the charge arose merely out of his endorsement of some disputed note. On this occasion the Comstocks printed and distributed circulars which were headed: "Andrew J. White, the pill man indicted for forgery," and thereunder they printed the requisition of the governor of New York in response to the request for extradition from Pennsylvania, in such a way as to suggest that their side of the dispute had official sanction.

The Comstocks must also have discovered White's and Blakely's arrangement for avoiding "scrutiny" of their goods shipped into Canada, for on July 29 there was an acknowledgment by the Collector of Customs of the Port of Queenston of certain information supplied by George Wells Comstock, William Henry Comstock, and Baldwin L. Judson on goods being "smuggled into this province."

While the principal case between the Comstocks and White and Moore was scheduled for trial in December 1860, no documents which report its outcome were discovered. However, it is a fair surmise that the rival parties finally realized that they were spending a great deal of energy and money to little avail, injuring each other's business in the process and tarnishing the reputation of the Indian Root Pills regardless of ownership. In any case, a final settlement of this protracted controversy was announced on March 26, 1861, when White and Moore relinquished all claims and demands arising out of the sale of Dr. Morse's Indian Root Pills prior to January 1, 1859.