Jesse J. Finley

Jesse Johnson Finley (November 18, 1812 – November 6, 1904) was an American politician and military officer who was a brigadier general in the Confederate States Army during the American Civil War and a member of the United States House of Representatives from Florida after the reconstruction era.

Simon told Mayor Sierra and McVoy that he had started the fire at a ground-floor window on the east side of Dr. Maxwell’s house and remained there until it was blazing.

"[2] Simon’s attorney Richard Lewis Campbell questioned Mr. Joseph Commyns, who "testified that he saw Dr. Maxwell’s house on fire at about 2 a.m. and that he was one of the first persons to arrive on scene.

According to Commyns, the fire did not start at the ground floor of the house as Simon had stated, but rather at the shingles on the roof.

Further, Knapp testified that upon seeing the attic in flames, he had tried to break down the front door of the home, and that had the ground floor windows been burning, he would have noticed.

'"[2] Citing American and English common law, Campbell motioned that Finley "exclude Simon’s confession from the jury’s consideration, arguing that Simon’s statements to Mayor Sierra were elicited by undue terror or the hope of reward.

"[2] Finley denied Campbell’s motion and directed the jury "to determine whether Simon’s confession was voluntary.

According to Justice Semmes, 'the ease with which this class of our population can be intimidated, and the almost absolute control which the owner does involuntarily exercise over the will of the slave, should induce the courts at all times to receive their confessions with the utmost caution and distrust.'

However, the two defense witnesses who testified at trial stated that the fire had started at the top of the house in the attic.

According to Justice Semmes, '[T]hese witnesses, who are unimpeached, and whose testimony is uncontradicted, establish the fact, that the confessions of the prisoner as to the particulars of the burning were altogether untrue.'

Finley cancelled the October 1853 Escambia County Circuit Court term due to a Yellow Fever epidemic.

The Florida Supreme Court's 1853 reversal of Finley's decision established a precedent that confessions extracted by threats or promises are inadmissible at trial.

[2] With the outbreak of the Civil War in 1861, Finley left service to the Western Judicial Circuit of Florida.

Finley volunteered as a private in the 6th Florida Infantry of the Confederate Army, and was successively promoted to be the colonel of the regiment.

His first significant combat came at the Battle of Chickamauga, where his regiment captured a battery of Union artillery, but was unsupported and forced to withdraw with 165 casualties.

Finley's Brigade, part of Maj. Gen. John C. Breckinridge's division, was caught up in the Confederate rout at the Battle of Missionary Ridge, but performed well in protecting the rearguard of the army as it withdrew.

Army commander Gen. Braxton Bragg expressed his thanks to Finley for "his gallant bearing and prompt assistance in every emergency."

Finley successfully contested the election of Horatio Bisbee, Jr. to the 45th United States Congress and served from February 20 to March 3, 1879.

He presented credentials as a Member-elect to the 47th United States Congress and served from March 4, 1881, to June 1, 1882, when he was succeeded by Horatio Bisbee, Jr., who successfully contested Finley's election.

Finley presented credentials on December 5, 1887, as a Senator-designate to the United States Senate for the term commencing March 4, 1887, but was not permitted to qualify because the appointment was made before the vacancy occurred.