New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-01-10

though his face WAS eXprossionlessi ne
gGlpcd and for a moment hesitated'
~ have something TO say, nc re-
pcatcd. 81 know no more about unls
crime than YOU do. am innocent ne ne
paused rs il cropping for the most III
word-"an innocent person. -
The respondent extended his arms III
the gesture with which he always mas
accompanied the unvarying formula OF
his denial Of guilt. ..-,u
II was in this pose that the artist :
lying pencil caught him-a pose IN
which he remained frozen as Arthur r.;
Kcnison. tho court clerk, began to read
from the sentence, handed over WIN
out comment by Judge kivel. ,
"The Jury having convicted you OF
murder in the first degree" read henl-
SON slowly. sit is ordered by the court
that YOU be sentenced to imprisonment
m the state prison at Concord
Grasps at Life Hope
The clerk stopped to clear his throat.
Good many heads in the courtroom
ierked back. for to those not familiar
with New Hampshire procedure the
nbrasing limited at Likelihood that
The sentence might have been lightened
at the last moment. Small stihened'
Then. as Kenison proceeded with ms
reading. he relaxed. his arms fell back
AZ his side and he lowered his eyes.
az Concord" the clerk continued,
s1ntil the 18th day OF January, lels'
and on that day you shall then be
hanged by the neck until you are
Ken;son nut down the paper and
odded two words Of his own: Il c
seated"
Al The command Small dropped into
tbe nearest chair as If good leg and bad
alike had been swept from under MIN.
4 moment later, his equsnimity IN
measure recovered, he was shaking
hands with his brother, Frank, and
his nephew. Nathaniel Mitchell, who
had been his chief character witness.
For an hour Small remained in con-
ference with counsel; then, the cigar
butt thriftily resurrected, he climbed
into the prison sleigh, waved iare-
well over his shoulder, and was Oh on
his methodist journey over the New
Hampshire hills.
Wifes Mother hears Sentence
Mrs. Elizabeth Curry and her daugh'
ter. Norma, mother-in-lsw and sister
in-iaw OF the convicted wife slayer, VINO
had retired before the verdict came lh
and got their first news OF IT at the
breakfast table, were IN court "heh
the sentence was read. e,
Justice has overtsken him for once
was Miss Curry's bitter comment. II,
"Naybc. Pm just a little sorry,
admitted her mother, who appeared TO
have a monopoly on the Curry iamily
sympathy for Small. when folks get
slong in years they get to feeling oil
ferent about some things. IL has Deen
p shock to me, for thought the jury
was going TO disagree
Smalrs lawyers. who have sixty days
in which 20 file an appeal. will meet
next week to consider on which OF their
many exceptions to Judge kivels rul-
ings they will seek reversal IN the
Supreme Court. Most of their impor-
tant exceptions we're taken in chambers,
and the grounds are not Of public
record.
II developed to-day that two of the
jurors. determined that Small should
die. had been able to swing their ten
felloWt from al intention to COM
promise on sentence Of life impris-
Onmcpt. One. il is said. expressed him
SELF as ready to stick out until spring
for a verdict embracing the words
with capital punishment"
I'm their decision the jurymen we're
moved chiefly by the states contention
that, whereas the murder was such as
might have been committed by any
vsgrant criminal passing through the
almost deserted summer settlement on
the OssippeC Lake shore. none but
Small would have had sufficient p,otive
10 hide the fact that the wife. left alone
in the bungalow, was dead before thu
1890 o'clock train carried her husband
away TO Boston.
Then, too. the very fact that the plans
for concealment were so craftily laid
proved in the end boomerang for the
man accepted by the jury IS their
originator.
But for the overlooked pool Of ws1er
in the bungalow cellar, which preserved