The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-09

The GREAT MONKEY CONTEST gave IN yes
terday's HERALD . comprehensive account of the
progress and consequences, thus far, OF the exciting
war between the Fifth avenue fashonabes who
wear hair their upper lips and the troupe OF ar
tistic monkeys, dogs, and goGts-who wear hair all
over-whch recently came from Europe to this
country on professional tour. We are now enabled
to present readers, in another portion OF our
sheet, with the beginning of the legal proceedings
before Judge Ducr, in the Superior Court, wherein
Mathew Morgan. James Foster, Jr., Paulina Nor
gan, and James COLES, appear on the eeord plain
tiffs, and Gustavus v. Brooke, William Niblo, and
Charles Donetti, defendants. From the affidavits
filed in the Gauge it will be that the proceedings
are based on the plea that the monkey exhibition is
"wholly unsuitable and unfit to be brought out ia
the Aston Place Opera House, which was crested as
a place Of resort for the more refined class Of the
community.
From this assertion, we do not doubt the dsin-
terested spectators of the performance on Monday
night viii totally dissent. The monkeys dogs and
goats are most decorous we'll bebave1 dressed,
and talented company. At all events, they conduct
themselves genteelly in public, and frequently more
SO than the Fifth exquisites themselves They
are not deeply infected with any OF the vices which
arc too often imputed TO their more educated COM
petitors FOR public favor. They not ntriguants
or wine-bihbers, and they Fourrieries and COM
msniss OILY the extent Of oranges, nuts, and GIN
gerbread They are, besides, Industrious obcdient,
and content with their wages, and do not assume
any airs Of superiority over each other. On all
these POINTS of excellence, therefore, added to that
Of great abilities in the comic and tragic lines, we
hink the monkey troupe would not suffer by COM
parison with their eodfshy censors, with many Of
The exhibitions patronized by the arisocratic as
scmbages OF that hitherto exclusive establishment.
We do not think that there exists any reasonable
ground of complaint against their performances,
particularly in view Of the fact that the owners Of
the Aston Place Opera House have lately let it out
to juggler for the exhibition of tricks Of legerde
main, the manufacture Of hasty buildings in the
bottom Of gcntlemen's hats, and the production OF
hen eggs ad b,tun1, with other equally chaste and
classic performances and have since then patronized
in it the execution Of such highly refined and en-
nobling melodies = Get on. Of The way, ole Dan
Tucker" and all the elegant productions of the mig
| ger school Of minstresy
| We confess to having been much astonishod at the
| learned Judge Duer having been induced to grant
the temporary injunction against the poor monkeys
who arc certainly 'more sinncd against than sin
ning'' We are inclined to think that the cunning
lawyers must have come at him in unguarded
moment and caught him mapping in comfortable
judicial siesta. We would not, indeed have felt any
surprise if the injunction order had proceeded from
Judge Edmonds, because then we wonld have re-
fectcd that that spiriuazed mortal had been hold
! ing commune alton with the inhabitants Of the
other world and perchancc learned that, according
to the theory Of the metempsychoss, the monkeys
were possessed Of the spirits Of some d;abolically
yillanous wretches who made their exit from human
tenements time in the eternity Of the past, and
kad come back, in shape, to torment modern
| arstocrats.
The whole matter comes up this morning, for ar
gument by the lawyers, in the Superior Court The
great interest felt in the matter, coupled with the
learned legal dispositions and terrific bursts Of
oratory which may be expected from the champions
Of either side in this grand monkey encounter, viii
doubtless attract very large attendance We
wouldn't wonder if admission into court could only
be procured by tickets. The rush will be great
as it was to hear the Forrest trial, speech from
| kossuth or the Art Union We viii, of
course have the proceedings fully reported, and
| spread before readers i'll Tomorrow morning
| HERALD.