New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-04

RACY-A RAILWAY KAYE.
Pro- Our Own ConespopssHi.
PHILADELPHIA, April 2, 1859.
One Of the most extraordinary decisions ever
s,u,cist<S from the Bench has jast been promal-
ssssd By the Supreme Court Of this State, and the
whole business community OF tois city s'aou'
asAs,t at the consequences which aust ise'i'aOV
fsv from II. TIE case is 40 simple and compAc'
that yeu will have IT al 10 = very small compass
Some twelve years ago one Chapman 700 % Two
ysry estimable Gentlemen OF THIS ciJ, 'io'sis en
s.A uorris, 200 shares Of Buck Mountain OoAi
stock, for which they paid him IN cash lhe Pnco
ssresd on. Some years after Chapman oes'n n'
i've ,ops commenced suit IN equity against feh
"a No.. to recover beck from them the 200
shares of stock Alleging that same hsd been held
n tru.t and that % the trustee bsd not sPPied the
.,.es.s. ~ the ssle to the Of toe trust out had
....,, Cd them for bis own individual wants, the
,,reha,ers were consequently liable to them for the
hi y,ae of TIE stock. The Court decided IN favor
If the Iefet dants and the plaintiff appe,ed TO the
nunreue Court. Ii was here attempted 10 be
shoxp that the purchasers Of the stock not only
h.ev that il was held in trust, but knew also that
the trustee wac misapplyng the proceeds But on
tAe latter point the evidence showed that the heirs
actually received the proceeds Of the sale. Yet,
arrange as it may appear, the Court reversed the
l.eisinn below, and decreed the defendants. Fell
and Norris to pay back the full value of the stock
Ae,etbsr with all dividends aud interest on the
sane being more than the plaintiffs demanded.
This decision has produced deep alarm IN moneyed
circles here, and must unsetto macy large tfaoSac-
tions long since believed 10 be closed up IL estdo-
hshes the principle that the purchaser from trus
tsr wb, tber Of stock real estate or merchandise,
IL bouod. for his own safety, 10 see that the pur-
sAase money is honestly applied by the trustee
Spty Hbicb few will trouble themselves 10 under-
lake trust property is b. be governed by strange
Q doctrine as this Its saable value must be greatly
lsprecIated in the estimation OF all who dislike The
purchase Of law suit
In addition TO this, the same Court has tins
week decided the long unsettled question of what
constitutes on orphan. 1t came up at the instance
Of the widowed mother Of tatheress boy who
sought 10 place HIN in Girard College the man.
ayers having no room for him because OF his having
q mother hglng. They cOntended that an orphan
meant one who had lost both parents. The Judg-
ment of the Nisi Prus was affirmed, which Is,
that an orphan is one who has Lost father
alone In the opinion, Justice Reed gave highly
interesting account of Stephen Girard, from his
childhood to his death, noticing the many ways IN
which the testator had contributed to the relief OF
the lick and destitute and IN which he had been IN
strnuental in the improvement OF the city OF his
adoption. This will was largely quoted from. III
was stated that the College had been fourteen aud
half years in the building, and cost S2,OOOO 900,
consuming the whole amount devised for the build
ing and its fixtures and support, aud it is now sup
ported from another fund. in viewing the question
whether an orphan is who has lost both parents
or only the father, the Judge said that, whatever
the poets may have written on the subject, when
ever 1t approaches legal aspect, 1t becomes clear
that an orphan is a fatheress child. la the early
% ba C,llara tho only uups tIOn
sryhsn one who has lost only mother, as well as
q father IL had been settled, after mature deib-
Grafton that an orphan is iatherless child
But if there be monstrOsities in the law, there
ere Others in surgery equally remarkable. One OF
the latter WAS recently dlssected at the Jefferson
Medical College, the like OF which Is unknown IN
The al mails of human determines. A child, seven
months old, was brought to the College Hospital
frem the western part Of the State, having append
cd TO its left cheek large mass of flesh, some what
resembling tumOr. This mass grew more rapidly
than the child itself. At birth It was No larger
than an apple, but when brought here last month II
was nearly foot long. Its surface was neither
smooth nor regular, but was divided into several
gobular masses, while pulsation was distinctly per-
ceptible regular aud uninterrupted, from forty to
hundred beats PER minute. 1t was Iraversed by
large artery, showing that il was largely supplied
with blood. The tumor was connected to the
ehd's cheek by peculiar caulke membrane,
pierced with holes, and It's presence was source
Of constant irritation to the child, though supported
by the mothers hand. How To remove this huge
tumor without destroying the life of the child ~ds
the great surgical problem. The parents, warned
of the dagger, were yet extremely anxious 10 have
the frightliul parasite taken of. DIR. Pancoast,
under whose charge the patient had been placed,
decided that the use Ot the kne would result IN
fatal hemorrbsge, and determined to divide the
caul-ble membrane by using a French surgical
instrument, the 6ordSsHr, which, by forcing down
the skp and bruisng the vessels thoroughly before
the cham of the instrument cuts through the mSss,
shectuSiy prevents all serious bleeding. copper
alton Was performed in presence OF all immense as
semblage OF medical men, students and others.
The child was placed under the Influence of
ether, when all pulsation IN the parasite was Oh
served TO cease. The instrument being applied the
chain Was rapidly worked until the parts were well
compressed, and siterwaTd very slowly. la fifteen
minutes the tumOr came away with the instrument,
the chain having worked through the connecting
membrane, while scarcely drop OF blood followed
the removal, and but one small vessel required
hgstuIe. The surface teit on the cheek was about
two inches square, aud the tumOr weighed two and
halt pounds. The whole operation was entirely
successful and the child lives and has fully recoy.
cred. But the extraordinary part remains IL be
tod. The tumOr thus tsken of was found 10 CON
tain living chia, imperiecty developed 1t is true.
bu, stll living child. Fingers were seen, aud
portion of rudimentary arm. Tie ntestines
Mere well developed, and no doubt WAS entertained
a. It's being male child body, presumed 10 he
the heart. contained, imperfectly formed surices
aud ventricles. The mrSeuteric arteries and veins
were Of large size. The dissecting kuile came re
psStsdly in contact with the OsseOus matter of
documentary skeleton. Fat was found 10 large
quantities everywhere. Ii was 10 fact repeIitios
OF The SIamese Twins, onl! less perfectly developed