Monson versus Tussauds

Alfred John Monson received the Scottish verdict of "not proven" in his trial for the murder of Cecil Hambrough. In 1894 he sued Madame Tussauds for libel and was awarded one farthing (the lowest possible amount at the time) in damages. The case established the principle of "libel by innuendo" and Monson vs. Tussauds has been used to draw up defamation laws in many countries since.

Background

Alfred John Monson began working as a gentlemans tutor for the Harbroough family in 1891. On 10 August 1893, Alfred John Monson took Cecil Hambrough, his pupil, for a day's hunting in an area of woodland on the Ardlamont Estate. A third man joined them, Edward Scott a friend of Monson who had arrived at the estate a few days earlier.

Estate workers heard a shot, then saw Monson and Scott running to Ardlamont House carrying the guns. They were cleaning the weapons when the estate butler asked what had become of Mr Hambrough. Monson replied that he had shot himself in the head by accident while climbing a fence.

Investigation and trial

When the incident was reported, a member of the procurator fiscal's office, the public Prosecutor in Scotland was sent to the estate. He returned, saying it had been a tragic accident however two weeks later, Monson appeared at the fiscal's office to report that Hambrough had taken out two life insurance policies worth £2000 only six days before he died, and that they were made out in the name of Monson’s wife. After thorough searches of the estate and interviews with staff, Monson was charged with murder. Scott, now on the run, was named as his accomplice.

Among the witnesses for the prosecution was Dr Joseph Bell, the Edinburgh surgeon and forensic detective. He told the jury that, in his opinion, Monson had murdered Cecil Hambrough however sufficient doubt had been sowed in the minds of the jury and Monson was released.

Libel by innuendo

In 1894 Madame Tussauds in London erected a waxwork of Monson at the entrance to their Chamber of Horrors, bearing a gun. Monson took exception, sued the company and was awarded one farthing in damages. The case established the principle of "libel by innuendo" and Monson vs. Tussauds has been used to draw up defamation laws in many countries since. To prove libel, there must be publication in permanent form, but this need not be in words.

References

*http://heritage.scotsman.com/diagrams.cfm?cid=6&id=2377502005