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Murder of Florence Arlene Small

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Murder of Florence Arlene Small
The couple's home prior to the fire
LocationOssipee, New Hampshire, U.S.
DateSeptember 28, 1916; 108 years ago (1916-09-28)
Attack type
Murder by strangulation and gunshot
WeaponsWindow cord[1] and handgun
DeathsFlorence Arlene Small, aged 37
PerpetratorFrederick L. Small, husband
VerdictGuilty
ConvictionsFirst-degree murder
Sentence
  • Death by hanging.
  • Appeals denied.
  • Executed on January 15, 1918.

The murder of Florence Arlene Small occurred on September 28, 1916. She was the victim of a brutal murder in her home in Ossipee, New Hampshire. Her husband, Frederick L. Small, was convicted of the crime and was hanged on January 15, 1918.

Victim

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Florence Arlene Small
Frederick L. Small

Florence Arlene Small (née Curry)[a] was born in Hortonville, Nova Scotia,[3] on March 27, 1879. She married Frederick L. Small, a Boston stockbroker,[4] in Fayville, Massachusetts, in December 1911.[b] It was Frederick L. Small's third marriage.[3] The couple moved to Ossipee, New Hampshire, in May 1914.[5]

On September 28, 1916, the couple's home in Ossipee,[c] known as Fellsmere, was destroyed by fire.[6] Because of the remoteness of the cottage, the fire enveloped the house before rescuers could intervene.[7] Mr. Small was away on a business trip, and Mrs. Small's body was found in the debris. Though she was badly burned by the fire, examiners found Mrs. Small to have "a cord about her neck, a bullet wound over one eye and wounds on the head."[4][8]

The couple had no children.[3] Mrs. Small was survived by her mother, Elizabeth Curry, and sister, Norma Curry.[7][8]

Murder charge and trial

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Frederick L. Small was charged with murdering his wife, allegedly to collect $20,000 ($560,000 in 2023) from an insurance policy.[4][9][8] Judge John Kivel presided. Attorney William S. Matthews served as Small's senior counsel. County Solicitor Walter Hill and Attorney General James P. Tuttle represented the prosecution.[5][10][11] Police Inspector Andrew Houghton of a Boston-based detective agency investigated the case.[8]

Local residents of Ossipee testified at the trial to the character of Frederick L. Small and his aggressive physical and verbal behavior towards his wife. Helen Connor testified that when she complimented Small on his wife's cooking, he said that "sometimes he had to take the axe to her."[8] In addition, Philip L. Davis stated that Small "kicked his wife, swore at her, and ordered her into the house" after a flagpole they were trying to install fell to the ground.[12] The local physician testified that he was called to the Small establishment where he found the woman bleeding. Small admitted that he had "struck her over the head with a bootjack; damn it, I should kill her. I will kill her."[8]

According to testimony presented by the State, within 30 minutes[13] after Mrs. Small ate lunch, Mr. Small beat, strangled, and shot his wife before leaving on a trip to Boston.[7][14] This trip served as Small's alibi, since he was out of town when the house caught on fire. Small had with him his Masonic apron and other valuable papers, even though the trip was to be a short one. However, chemical residue (resin)[13] was found smeared on the torso of Florence's body. Small's .32 caliber pistol (which matched the bullet found on the left side of her forehead) and a clock, that served as a mechanism to start the fire remotely, were found in the house's ruins.[8][5] This circumstantial evidence led prosecutors to argue the death of Florence Arlene Small was premeditated and not accidental.[8]

Sentencing and appeal

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Frederick L. Small was found by a jury to be guilty of first degree murder with a stipulation of capital punishment.[9] He maintained his innocence.[15]

By New Hampshire law at the time, a year and a day was required between "the passing of a death sentence and its execution."[15] In January 1918, a petition to stay Small's execution was filed.[16] The document alleged that one of the jurors stated that "he knew Small was guilty" before any evidence had been presented in the case.[17][18] Small's lawyers also filed a motion for a new trial.[19] Both were denied.[19] Small was hanged on January 15, 1918, at the New Hampshire State Prison in Concord.[20]

Florence Arlene Small is buried in the Grant Hill Cemetery in Center Ossipee.[21] Through the efforts of the Ossipee Historical Society and citizens of Ossipee, she was given a proper ceremony on the 91st anniversary of her death, and her site is now identified with a marker.[21]

Notes

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  1. ^ Some sources give her middle name as Aileen.[2]
  2. ^ Other reports give the couple's date of marriage as December 3, 1913.[3]
  3. ^ Initial newspaper reports gave the location as Mountain View, New Hampshire.[3]

References

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  1. ^ "Fact Aids Defense of Man Assured of Murder". The Boston Globe. October 1, 1916. p. 1. Retrieved October 10, 2024 – via newspapers.com.
  2. ^ "Mrs. Florence Aileen Curry-Small". The Evening Mail. Halifax, Nova Scotia. October 3, 1916. p. 11. Retrieved October 10, 2024 – via newspapers.com.
  3. ^ a b c d e "His Wife Found Murdered, Broker F. L. Small Detained (cont'd)". The Boston Globe. September 29, 1916. p. 2. Retrieved October 9, 2024 – via newspapers.com.
  4. ^ a b c "Four jurors drawn selected to try Frederick Small charged with murder of wife". Patriot. Harrisburg, Pennsylvania. December 27, 1916. p. 1 – via newspapers.com.
  5. ^ a b c "Saw Small kick and curse wife". Boston Journal. Boston, Massachusetts. December 29, 1916. pp. 1 and 4.
  6. ^ "Scene of Murder at Lake Ossipee Before and After the Fire". The Boston Globe. September 30, 1916. p. 3. Retrieved October 9, 2024 – via newspapers.com.
  7. ^ a b c "Small sobs as he views ruins". Boston Journal. Boston, Massachusetts. December 28, 1916. pp. 1 and 5.
  8. ^ a b c d e f g h Hume, William A. (December 29, 1916). "Small seems to feel state has not scored against him so far". Boston Herald. p. 3.
  9. ^ a b "Small convicted, sentenced to hang". Trenton Evening Times. Trenton, New Jersey. January 9, 1917. p. 3.
  10. ^ "Asserts Small threatened to kill his wife". Boston Herald. Boston, Massachusetts. December 29, 1916. pp. 1 and 3.
  11. ^ "Small may know his fate today". Trenton Evening Times. Trenton, New Jersey. January 18, 1917. p. 1.
  12. ^ "Small treated wife cruelly, is testimony". Augusta Chronicle. Augusta, Georgia. December 29, 1916. p. 6.
  13. ^ a b "Emotional scenes at the Small trial". Augusta Chronicle. Augusta, Georgia. December 31, 1916. p. 2.
  14. ^ "Tattered scalp in evidence". Fort Worth Star-Telegram. December 31, 1916. p. 1.
  15. ^ a b "Small sentenced to hang". Tulsa Daily World. Tulsa, Oklahoma. January 10, 1917. p. 1 – via newspapers.com.
  16. ^ "Small Execution January 15". Boston Herald. Boston, Massachusetts. January 6, 1918. p. 22.
  17. ^ "Will hear Small's petition today". Boston Herald. Boston, Massachusetts. January 11, 1918. p. 3.
  18. ^ "Slayer asks new trial". Cleveland Plain Dealer. Cleveland, Ohio. January 12, 1918. p. 3 – via newspapers.com.
  19. ^ a b "Frederick L. Small refused new trial". The Evening Times. Pawtucket, Rhode Island. January 12, 1918. p. 5.
  20. ^ "Small Hanged for Murder of His Wife". The Boston Globe. January 15, 1918. p. 1. Retrieved October 10, 2024 – via newspapers.com.
  21. ^ a b Leavitt, Terry (September 27, 2007). "1916 Lake Murder Victim Memorialized". Ossipee Lake Alliance.

Further reading

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