Daily capital journal. (Salem, Oregon) 1903-1919, 1909-11-12
SURROUNDING TOWMsYoU LAVE FREMp Ao VIII APPREcAE EP

ter to lightly brush aside the find
ings of jury or the decree of Al
court through any reason of senti-
ment or sympathy. Finch deliber- ,
ately killed an honorable and useful
man, who was engaged, at the time, |
in the line of his official duties.
"a review of the case shows that
Finch had a fair and impartial trial,
and the opinion of the supreme
court, written by Justice Mcbride,
covers every detail of the case in an
exhaustful and masterly manner. I
cannot help but conclude, with JUS
tice Mcbride, in his closing para
graph, which is as follows:
"'We have examined every conten-
tion of counsel, and can find no rea-
son why new trial should be grant
ed in this case. We are not unmind-
full of the terrible consequences of
this decision to the defendant, but
they are only such as the application
of the law to his own conduct has
produced
The Daley Case.
After a careful consideration of
ali the facts surrounding the Daley
case I have decided to commute the
sentence of death to one of life i'm
prisonment.
At his trial his counsel interposed
the defense of immunity, pursuant
to which the court was requested to
instruct the jury that:
THE defense of insanity having
been interposed by the defendant in
this case, you are instructed that Il
you find him not guilty on that
ground, to state the fact in your
verdict. and the court must, there
upon, If it deems his being at large
dangerous to public peace or safety,
order him to be committed to any
lunatic asylum authorized by the
state to receive and keep such per-
son until he becomes sane. or be
otherwise discharged therefrom, un-
der authority of law"
All that portion of the requested
instruction after the word verdict"
was refused by the trial court, and.
on appeal to the supreme court on
that point, the verdict of the lower
court was sustained. Justice VIII
R. King, however, filed dissenting
opinion in the case, on a petition for
rehearing, in which he stated that
it was his belief that the defendant
had been deprived Of his constitu-
tional and statutory right, and that
a new trial should be ordered. In
the case of the State VS.. Collins, re-
Gently tried in Multnomah county.
tine trial judge gave the same in.
struction that was asked for in the
Daley case. While 1 do not wish to
criticize the opinion of the supreme
court, or the trial court, or to as
sumo that their rulings are not cor
rect, the fact that a dissenting opin-
ion was filed by one of the justices of
the supreme court, bases the pre-
sumption of a doubt, to which the
defendant in criminal action is al
ways entitled. 1 know of no case in
the history of our penal jurispru-
dence where capital punishment has
been imposed when a dissenting
opinion has been filed.
Daley's petition is signed by Ave
of the jurors who convicted him, and 4
Hon. c. U. Gantenbein, who presided
at his trial, recommends that the
death sentence be commuted, pro-
vided there is a reasonable assur-
ance that Daley win never be liberat- !
ed from the penitentiary. In
Daley's petition, he and his attor-
neys, as we'll as other petitioners,
haeve stated that they will seek no
further executive clemency nor coun-
tenance any movement toward Sc
curing the same. In his letter OF
Judge Gantenbein,
among other things. says:
About half a year before the
homicide Daley received blow on
his head and knee, resulting In Sc
rious personal injury His de-
fense was insanity. bat this was dis
credited by the jury, and he was
convicted of murder in the first de-