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-yvOME, July 8, 2:15 a..m. — Pope-Leo is now sleeping; but A^ his head lies uneasy on the pillow. The alleviation • \* brought about by yesterday's operation for removing the fluid from his pleura was followed later in the evening by- a rest less^period, and fresh doses of chloral, digitalis and caffeine had to.be administered. Under their influence the Pontiff fell into a slumber, which, however, was not very peaceful, on accoimt of the difficulty the patient has in breathing, i Seeing Dr. Lapponi al ways by his bedside, the Pope, .just before falling asleep, said kindly to him : "Now it is your turn to-night. You must sleep." Throughout the Vatican absolute calm prevails to-night, the excitement of yesterday having to a great extent died out with the revival of hope after ,the announcement that yesterday's Operation was ended with success. ... Dr. Mazzoni fears a reproduction of f the • serum in the; Pope's pleura, in which case the operation of yesterday will have to be repeated in about two days. - l \ Statement by Dr. Mazzoni. Dr. Mazzoni .was besieged byrelatives and friends of the Continued on Page 3, Columns 3 and 4. Pope and by journalists inquiring- as to the result of the operation and his prognosis of the disease. He made the following state ment: "When one considers 'that the Pope should be dead by this time the unexpected may happen and there is still hope. His re sisting so long and maintaining ¦ perfect lucidity of mind' means that, notwithstanding the pneumonia, the affection of the kidneys and the difficulty in breathing, there is no poisoning of the blood. Between being at the point of death and returning 1 to what his Holiness is to-night there is certainly such a difference as to permit "To properly understand the change which has taken place it must'be considered that on Monday the conviction was so sure that he would die during the night that, notwithstanding the con trary opinion of Dr. Lapponi, those surrounding the Pope insisted on having extreme unction administered. Evil tongues even in sinuated that some members of Pope Leo ? s : ; immediate circle counted on the bad effects that such a function was likely to pro duce on a -weakened organism, but the Pope resisted splendidly. Indeed, he seems to have acquired; fresh strength. Patient Becomes Restless After Undergoing Surgical Op° eration and Is I£ept Under the Influence of Drugs. The Dying Pontiff, the Papal Residence and Two Princes of the Church. The freight train was in charge of Con ductor Brubeck and Engineer Hale, and at the time of the accident was on the re turn run from Lynchburg to Charlottes ville. Rocknsh station. Is midway, be tween these two points and - the track there is a single one. : Engineer. Hale had orders to get out of the way of the fast passenger train, but for some reason he overstayed his time and > had , failed . to take the siding so that the passenger train could pass. CHARLOTTESVILLE, Va., July 7.- Southern Railway passenger train No. 35, southbound, ran into an open switch at Rocknsh depot, twenty miles south of this city, at 3 o'clock this afternoon, smashing into a local freight head on. The passenger engine and the express coaches were demolished and the baggage car telescoped through the second-class passenger coach in the rear. In the latter was a party of immigrants, all of whom were killed or injured. The dead number twenty-four and the- Injured thirteen. The identified dead: ENGINEER JAMES McCORMICK of Charlottesville. ENGINEER CHARLES DAVIS of Al exandria, Va. THOMAS SHEPARD of Charlottesville, brakeman on freight train. CHARLES T. GAY of Charlottesville, freight fireman. J. E. LOWE, colored, Baltimore. CHARLES T. LEITCH, colored, dining car waiter. C, C. OWEN. Philadelphia. ADAM VOCOSAVLEV1CH, Austrian: boy. BARILANI GUGLIELMO, Austrian wo man. Two unknown Austrian women and an unknown mulatto woman. Most of the Immigrants were Austrians and were bound for points as far distant as California. TWO TRAINS IN HEAD-ON COLLISION We will question the right of any street rail way company to transfer its franchise to any other concern on the ground that such a pro ceeding invalidates the franchise. Should this be the law, and I think it is. the Interests of my clients would naturally be jeopardized. In that the city at any time might proceed to have the old franchises revoked on the ground of a violation of their provisions. It U a notorious fact that the whole street railway deal was a prearranged affair, in which a foreign corpora tion, after gaining *' majority of the stock, called epecial meetings of the boards of direct- PBEARRANGED AFFAIR. An effort will be made to show that the latter corporation sent its agents -to San Francisco, where they bought up a suffi cient amount of the stock of the different railroad corporations to give them a ma jority vote at the meeting of the com panies and then proceeded, at special meeting of stockholders, called for that particular purpose, to vote to the foreign corporation the holdings of the roads, to gether with their franchises. In discuss ing the suit yesterday afternoon Attor ney Collins said: Before accepting th!» ca*e I looked thoroughly Into the lawe and fullr satisfied myself that the contentions cf my clients are well founded and merit the fullest consideration of the Supe rior Court. The f=ult will be brought by stock holders who were never agreeable to the trans fer of the roads. They believe and always did believe that the entire transaction was illegal, and Jt 1* for the purpoM of protecting their own interert* a» stockholders of the old com panies, that is, preventing a revocation of the old franchise*, that they have decided en this ruit. We have had presented to u« by tho*e who are inclined to combat our contentions in thib matter the fact that the last Legislature immnd an amendment to the State law so as to legalize the transfer of a local franchise to a foreign corporation, a change which, I under stand, i'u made in order to allow the Santa Fe Company to secure righU of way to the shore lines of the San Francisco Day. The deal in the local street railways, how ever, preceded the adoption of the law cf If)03, which cannot foe retroactive so as to be ?nade applicable to the properties Involved in our case. The action will be brought in the inter est of the minority of the old stockholders of the Market Street Railway Company. Sutter Street Railway Company and the Eutro line, and one of the stockholders of the latter corporation, named Kelley, Will be used as a plaintiff in the proceed ings. For grounds for the suit the com plaint will set forth that the companies named violated the conditions of their respective franchises in transferring the latter over to another corporation. The plaintiff, for himself and in behalf of those who are supposed to be associated ¦with him in the proceedings, will endea vor to prove that the United Railroads, through a foreign corporation known as the United Railway Investment Company of New Jersey, acquired possession of the local roads through unfair and unlaw ful methods. -A suit involving the validity of all the trancactiens of the United Railroads from the time that it absorbed the local street railway lines to the Issuance of its bonds and its assumption of the manage ment of the great railway system is about to be instituted in this city. It was announced yesterday that to-day or to-morrow an action will be brought in the Superior Court, requesting the latter to grant a decree setting aside the sale of the variors franchises of local railways to the United Railroads Company and to adjudge the transaction void and that a receiver be appointed to operate the lines concerned until such time as the old com panies can be reorganized and receive back the properties which they* formerly con trolled. For some time financial circles have been somewhat agitated over re ports that dissatisfaction prevailed among many of the old stockholders of the lines formerly operated under the management of the Market Street Railway Company, the Buttrr Street Railway Company and their respectl\-e adjuncts. Accompanying these reports were inti mations that preparations were under way to bring the matter into court -with a view cf determining whether or not the big deal, effected two years ago through the medium cf the Union Trust Company of this city and Brown Bros, of New York, was not contrary to the laws of the State and wholly irregular. Tester day confirmation of these reports was Riven out with the additional information that the papers in the suit •were in the hands of Attorney George Collins and ready for filing. FOREIGN CORPORATION. United Railroads Threatened With Suit hy Local Shareholders. Legality of Sale of Streetcar Lines Questioned. Stockholders Want Court to Name Receiver, MAY DISRUPT THE COMBINE OF RAILWAYS DOME, July 8, 6:55 A. M. —The Pope, awakening this morning, did not speak. He was somewhat irritable and it seemed as though the blankets and other bedclothes were too heavy, so he kicked them off, at the imminent risk of taking a fresh cold, which would be absolutely fatal. The doctors consider that altogether his Holiness has had a favorable night All is tranquil at the Vatican. Dr. Lapponi at 6 o'clock had gone to sleep: POPE LEO PASSES NIGHT IN BROKEN SLUMBER, EXPERIENCING MUCH DIFFICULTY IN BREATHING DISAPPEARS AND ADDS TO THE MYSTERY Dr. Woods Hastily Departs From a JlIODuL Body of Colonel Best to Be Exhumed for Autopsy. Officials Find Poison Vials in Marin and Requisi tion Is Wanted. Special Dispatch to The Call. NEW YORK, July 7.— Determined to sift to the bottom the mysterious death of Colonel William J. Best In San Rafael last April, Charles S. Best, one of his sons, went before the Prosecuting Attor ney of Essex County, New Jersey, in Newark to-day and made arrangements to have the body exhumed from the fami ly plot in the cemetery in Caldwell, N. J., so that an autopsy may be made to ascer tain if death was due to other than natur al causes. This will be done to-morrow afternoon and the family is of the opinion, as out lined in the son's affidavit sent to the Cal ifornia authorities, that It will be found that Colonel Best was killed by an unnec essary administration of morphine. Coincident with this action the family heard some news which came in the na ture of a surprse. It was that Dr. John Donald Woods, in whose home in San Ra fael Colonel Best died, had disappeared ¦fronr^ his hotel In Atlantic City, taking the- woman who posed In California as his sister, and the little girl, who. she says, is her daughter. The doctor had promised to make an explanation In writ ing to Colonel Best's two sons, telling all he knew of the causes which led to their father's death. This was to have been done to-day, but on Monday night he paid his bill at the hotel, had his trunks moved from the house and now is not to be found. It has been ascertained that Dr. Woods has had a remarkable career since he was pastor of a Methodist church In Port Alle gheny, Pa. Dismissed from the church after a conference of ministers had found him guilty of a charge of having two wives, he forfeited his bail rather than stand trial on a criminal charge made by his first wife. But she is now with him and it is said that she is the woman who posed as his widowed sister in San Rafael. Of Woods* history In various parts of the country, particularly in the eastern States, much is told by the head of a de tective agency In this city which was em ployed to look into his record. Woods was accused of offering to swear falsely |n defense of a Dr. Bllnn, who was indicted for causing: a woman's death by malpractice, and asking $1000 for his testimony. He afterwards confessed that he offered to give the testimony for a con sideration. Woods was graduated from a "wild cat" medical college. OFFICERS FIND VIALS. Woods' Former House Searched and Requisition Will Be Sought. SAN RAFAEL, July 7.-Detectlves who have been working on the case of Colonel W. J. Best of New York City, who died at the home of John Donald Woods and Alice Cloy Wood In this city on April 6, 1D03, have made rapid progress, and Dis trict Attorney Boyd will to-morrow pre pare the necessary papers asking Gov enor Pardee to have Woods and Miss Wocd' brought back to Matin County for trial. It has been ascertained that Woods, who professed to be a physician, pur chased poisons from local druggists. P. Inman admitted that he sold Woods aconite. The authorities to-day unearthed a case containing several vials, but all were empty. Analysis, however, proved that they had contained aconite and other poisons. This case was hidden away in the house formerly occupied by Woods. A hypodermic syringe was also discov ered. The officials declare now that Woods committed perjury on March 20. 190X On that date Deputy County Clerk Frank Holland visited his home and registered him to vote. At that time Woods awore he was a native of California and a phy sician. The District Attorney says he has evidence to prove that Woods Is nei ther a native of this State nor a physi cian. Dr. TV. F. Jones stated to the District Attorney to-day that during one of his visits to 729 Fifth avenue, where Woods resided, and when Colonel Best lay ill, he noticed that Best showed mo3t peculiar symptoms. These symptoms, the doctor asserted, under other circumstances would have caused him to be particularly skeptical, but from the fact that he had been called in at first only as a consulting physician, and as Woods was at that time rated as a reputable physician, he only asked a few questions. Woods told his associate that he. had noticed the same symptoms in Best's case during a prior Continued on Page 3, Column 2. PRICE FIVE CENTS. SAN FRANCISCO, WEDNESDAY, JULY 8, 1903. VOLUME XCIV— NO. 38. The San Francisco Call.