The times. [volume] (Richmond, Va.) 1890-1903, 1899-09-15
Rev. 5 Taylor Martin in the Noah Fin
ley Case.


Interest ass bearing on tAe le50 aspect Oh
the Noah Finley case:
Dublin. Va. september 1899.
Rev. Dr. -, Wors ham, Va:
Ms Dear Brother.-Your note endorsing
article cf "W. b." in The Times received.
Absence ana sickness have caused delay
Do responding 90 your enquiry. Tie col-
respondent of the Times ~. j. Essex,
correctly states the offence for Moan FIN
lev viz. "R0bbng and attempting 20
tW Major DarsL" except that DE Omlli
% mention that it was highway robbery
and it is this element that brings the
case under the operation or the statute
that nficts the death penalty. The laws
OF virginia provide that "f a person
commits robbery by the threat or PIE
sentiment OF firearms DE shall oe punish
ed with death or boo the discretion OK the
jury by confinement etc. Inefe were
no extenuat.ns circumstances, just the
reverse ana the jury therefore simply
inflicted the penalty contemplated 10y me
law II therefore there Dee errors. lJ does
not De with the jury. but with the Conn
m0nwcaith OF Virginia. But is there amy
error? J believe not
l. I'm the FIRST place the assumption rs n
rational. wel-groulded one, that when
highway robbery ls committed, Dc is the
purpose OF the perpera-0r 10 take life H
necessary 90 accomplish his object
T. You and I recognize the fact that
The degree of crime is not measured 10y
the extent of success for the criminal Duo
bv this intent bis purpose when FinleF
tried 60 Kill Major Darst in me eye OF
raas0n and in the sight 0f God be was a5
guilty of murder as he would have been,
had he accomplished his pWpre
For one / would Doe glad o. have our
general laws so amended ass TO inlet
capital penalty upon any one convicted
of a we'll defined premeditated attempt
to murder whether success or failure
should attend IBIS effort ] do not ta.nN
Won need Dee disturbed by tle Views ol "a
c0resDondent i'm these days of modern
civilization" there aye unnappNy mon Ih
virginia people who on.nIy profess op-
position to capital punishment. IheY
simply place themselves in 0ppnsluon ~
tho law off the commonwealth, me Jaw or
God and the immu.an.e principles on
which an equitable statutes rest IneF
illustrate that esprit ot The aee' which
dlsragards the strredne-i or human iIle
They are willing TO- sanction The unlawful
taking of lle boo malice or lor gain by mo
Individual out profess 10 shrink from The
inficton OF the capital penalty upon me
murderer. III the Judgment of the Fu-
lasttf court be as your correspo udeut ar
firms. 20 Rs wholly opposed to tne spirit
of the age" and 60 the whole tendency or
modern civilization. 10 Us imply because
the spirit of tine age and the tendency az
Modern civilization ore contrary On those
priuciDles and rights which were once our
HERITAGE and which are eyer dear % a
noble humanity 10 ifs part and parcel "t
that inadol spirit OF the age and the
requirements Of that modern clFiNIt~oN
which has taken away our Sanoalh' ue-
stroyed the sanc,ity of the marriage r.
lation. and which t0lerates an unjust ara
cruel war which makes our goFernment
guilty Of wholesale MURDER wager as DC
rs AGAINST "a people whose sole onence ls
Am enort TO secure that right of selt-gov-
eminent ON which orr nation was i'.hN'A
ana which IS declared by the administfa-
lion which conducts this iuiquilous War
20 be the right of an people
Finley made his plans With deloelatl9n
DURING tie dav. watched the movements
on his victim and waylaid him az might
robbed him. and under cover OF pls I'D.
ordered him 40 move TO lonely sp't
where he proposed 90 keep MN un'eI
guard until a late hour when h. propose
10 compel him 90 open his safe I'D MS
store. When Major Darst UroAe from MN
and was fleeing. when there was no danger
10 Inc IUNNNIf IT Iltt'f
Major Darst. firing four shots at hlni
40 man calculates the influence mat
would flow from any Interference win
this sentence. iu giving an impulse TO
lvnching and % Individual crime ana ln
increasing The omusi0n of blood. II the case
rnder consideration ls considered hy The
Times CORRESPONDENT in tho category or
'fhe bloody criminal code whose fire.
nllnt executions he claims tend to In
crease crime his position Us untenao.e.
IL is certainly contradIcred by STR Mathew
Hale and Blackstone and does NOT &C.
cord with past experience
No matter how frequent the execution 2.
the ircxo-able inliction of 'he pala'ly OF
law constitutes the most efficient cheek
to crime. I am sure you have DO sympa-
thy with the utlitar!au inspiration az me
article iu question revealed DO me c)t-
respondents statement that such cases
are calculated 20 check the inluX or p'pu-
lation and capital indefinitely we have
already suffered from an Invasion OF O9in
and can we'll spare some that we have.
III an influx Of population can only Doe
secured bv a departure from the Word az
God and q reputation Of The principles
which are essential % the prosperity OF
our beloved commonwealth, happy VIII
wc be il we can exclude sueh lmml-
grafton.
Virginia can challenge attention . Nor
glorious record with a supreme contempt
for all her critics.
Yours faithfully.
S. TAYLOR MARTIN.