The San Francisco call., 1910-12-14
women ARE BARRED
FROM BURKE trial
Curious Throng Is Excluded
When LII Eta Smith
Testifies
Bomb Question Is Buried in
Maze of Theological
Argument
By HARRY DAvIDs
Especial Dispatch TO The Call


SANTA ROSA, Dec. 13.-Theosophical
quibbling, with some passing discus
sion of the religious PHILOSOPHERS of
Hindustan and stray groupings into the
finite testified to by Lu Eta Smith in
the trial of Dr.. willard P. Burke to-
day, gave to the case the atmosphere
of an abtruse argument of eminent di-
vines. Also It effectually eliminated
for the time being all thought of the
prosaic and materialisttc question OF
whether or not the physician threw the
dynamite bomb.
Such was the character of the testi-
mony that Judge SeaweH ordered the
sheriff this afternoon to exclude from
the courtroom all youths and young
women. Women from a large portion
of the audience and long before the
doors Of the courtroom are opened they
are banked against them. ready to
rush in and obtain the seats well to
the front.
1t was a very learned proceeding,
somewhat startling and still more en-
barrassing. The ordinarily indecent
was given a setting OF nobility and
virtue which the common mind could
scarcely grasp. The sin of sins was
picked up from the gutter and placed
in the halls of honor. It was deco
rated, frilled and Tossed with beliefs,
theories and views and all with such
serious intent that at the conclusion it
was difficult to recognize 1t in the same
evil shape at which the ancients threw
stones and at which the world has
hooted and howled for 1900 years.
TRY TO MEASURE EMOTION
The ground upon which the thologi-
cal argument arose was that the jury
should know the extent of the emotions
and sentiments of Lu Eta Smith at the
time of her relations with Doctor
Burke. Lu Eta already had prepared
the way for sensational beliefs by de-
claring that she did not look upon
these relations as immoral, but some of
the spectators nearly jumped from
their seats when Attorney Leppo, for
the defense, hurled at her the follow
ing question: Did you ever state to
any one that your child was of immac-
ulate conceptions"
Not in the sense in which you
phrase that term" she replied.
What sense do you meanT' he asked.
ITO make myself clear" she replied.
Il would have to explain the religious
PHILOSOPHERS of the Hindus."
Pray proceed, madam" said Leppo.
There was a touch of WEAKNESS in his
voice.
whereupon the witness explained.
one declared Lnat the EdlnQuS regarded
one class of love as being on a higher
plane" This plane appeared to be a
far different one from the level of or
dinary mortals and presumably held
virtues which rocked not of conven-
tions.
RELIGIOUS MINDED SILVER
She illustrated her point with biblical
illusions and comparisons, which gave
the religious minded thA shivers. And
the sum total Of her explanations was
that she had regarded her relations
with Doctor Burke in this light. being
led to that comforting state Of mind
by his preachments to her
And how do you regard him now?"
queried Leppo. Lu Eta Smith became
entirely woman. Her eyes flashed and
she shot out her answer with vehem-
ence:
by the way he has tried to lie out
of the responsibility" she declared, II
have considerable doubt about him
having been my spiritual affinity. There