The San Francisco call., 1910-12-13
HEAD NURSE WILL TESTIFY

Another important witness sub
penaed today was Miss Abbie L. Smith,
head nurse at the sanatorium at the
time of the explosion. She has been
in New York for the last few months
and the prosecution had about given
up all hope of having her testify at
the trial. but hearing late Sunday that
she had returned to her home in Oak
land, Sheriff Jack Smith was sent after
her and succeeded in serving her with
a subpoena Not only is Miss Smith
an important witness in the present
charge against Doctor Burke, but 1t
was on her testimony mainly that
the indictment was returned.
One of the witnesses for the de-
fense will be Miss Sadie Dixon, au-
thor and magazine editor, who did
considerable writing for Doctor
Burkes periodical Health" Her
statements are to the effect that what
ever free love there was at the sani-
tarium emanated from Miss Lu Eta
Smith and said that the latter made
herself obnoxious in promulgating her
strange views From her statements
to the district attorney and others 1t
seems that Lu Eta Smith openly held
that the marriage sacrament was al
together unnecessary at this day and
age.
It is expected that the cross exami-
nation of Lu Eta Smith will conclude
tomorrow and the probabilities are that
Doctor Hit will be called to take the
stand. The prosecution is extremely
anxious to discover what Doctor Burke
considered a spiritual" child, and
whether or not he later gave any ex-
planation to Hit of his remark.
At the time of his conversation with
Burke regarding the child Hit de-
clared he gave his fellow professional
some advice, telling him ito do right
to every man and don't write to any
woman"
In the face of the letters produced
in the trial il is evident that Burke did
not follow the advice.
One point upon which the prosecu-
tion is laying great stock is that of the
several nurses and medical men at the
sanitarium who had ample opportunity
Of observing Lu Eta Smith almost all
believe her sane. Some of them have
said that they thought her erratic and
others unduly nervous, but when asked
fatty as to her sanity or insanity. with
few exceptions all said she was in her
right mind.
BURKE TO CALL EMINENT MEN
To prove Doctor Burke's general
reputa tion there will be called some of
the most eminent men in the state.
Many have been patients and others
have known him for many years So
cially. Just who viii be called the de-
fense viii not give out at present.
The sermon preached by the Rev.
George E. Swan, rector of the Episco-
pal Church of the Incarnation, in
which he denounced the views Of free
love as expounded by Doctor Burke's
I thesis. aroused the deepest interest
here. The friends of the physician
maintain that inasmuch as the man is
on trial the pulpit ought to cease it's
attacks on his theories until the jury
has returned it's verdict. Another ele-
ment, however, strongly uphold the
minister, declaring that he was not at
tacking the man, but had a perfect
right in his priestly capacity to de-
nounce loose views on morality.
CLOSE GUARD ON WOMAN
The facts being developed in the
case by Lu Eta Smith will result in
many of the witnesses not being called
upon to testify it being held she has
gone into a detailed account of all
phases Of the matter within her
knowledge. Off the stand she is not
allowed to speak. She is kept in a
private home at the end of Fifth street
and no outsiders are allowed to see
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