New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-01-09
Jury Fixes Penalty of
Death in Strange
Crime Mystery
SATAN'S CREATURE,
STATE CALLS HIM
Most Ferocious Murder
Since Days of Indians,
Says Prosecutor
BY ROBERT II. ROHDE


Ossipee. n. H., Jan. s.-At l1:l5 to-
night the jury in the case OF Frederick
l.. Small. circumstantialf established
by the commonwealth Of New Hampshire
as the murderer Of his wife and the
author of scientifically conceived con-
ceslment plea which Edgar Allan Poe
might have been happy to plsgiarize
from real life. returned a verdict Of
guilty of murder in the first degree,
with capital punishment.
In his charge Judge Kivel directed
the jury that they must return a ver-
diet either of guilty of murder in the
first degree or one of not guilty. Al
though having under the law no power
to change the degree, he said, they
might impose life imprisonment by a
simple verdict OF guilty orsould doom
Small to the gsllows by adding three
words TO their finding with capital
punishment
Small received his fate calmly. The
jury had been out only four hour. and
fifteen minutes, and more than an hour
of that time mad been spent at dinner.
Will Fight on Appeal
After Foreman Elmer n. Barry had
announced the jury's finding Small sat
with his arms around the shoulders OF
William S. Matthews, his chief Of coun-
sell and the two whispered together
for several minutes. Later he shook
hands with newspaper men, with most
Of whom ne had become acquainted in
the days following the murder.
81 am prepared for the next move,
boys" he said, his arms outstretched
and his voice trembling. 81 am an in
nocent man, and ! look you in the eyes
and say am innocent OF Jnis murder. "
The next move" 20 which he re-
ferred was the appeal which his coun-
sci had already IN preparation when
the case went 70 the jury.
II was within a few minutes Of $3.50
when the jury, briefly charged by Judge
Kivel, retired TO wrestle toward legal
solution Of the twin mysteries Of Mrs.
Smalrs murder and the chemically fed,
mechanically touched of fire which,
after her death, whipped away the
bungalow in smoke.
Farmers Fill Courtroom
For this, the most dramatic session
of the trial, what might have been the
whole population of Carroll County had
sleighed in over the mountain roads.
The rural New Englander has never
lost his love for orstorical fireworks,
and curiosity as to the cslibre OF At
torney General Tuttle's artillery was
perhaps as mucn Of lure as the fact
that in the one single day every detail
developed through the long and en-
crossing trial was TO be thrashed out.
A couple of hundred farmers and
farmers wives and farmers children
gained entrance 10 the courtroom. As
many more formed an overflow audi
ence outside the gingerbread court
house. built from the plans Of a Bos-
ton architect who spends his summers
here. which looms anonymously mod
ern above the cluster Of staid, old
fashioned roofs which shelter unofficial
Ossipee. To the outsiders frequent
bulletins we're transmitted by relay
of deputies in the corridor.
The bearded Attorney General, glow
ing though advance notices from Man
chester had been, proved no disappoint-
ment when he closed for the state.
Through the summing up his refer
ences to Small were not as a mortal
criminal. but as a creature of Satanic
inspiration. most frequently character
ized as an imp: and. indeed, the dimin-
utive. crippled respondent. with his
great nose. his lack Of chin. his re-
treating forehead ruled off by the
straight line Of his iron gray toupee,
and his glittering beads of eyes, needed
no touch Of makeup to look the part.
Shifted for Birthstone
More than one in the rapt throng
on the spectators benches were sniff
fng for birthstone before Tuttle had
proceeded far with his figure.
you are called upon in this case
he assured the jury, "to deal with no
ordinary murderer In reaching after
the truth you and the state have had
TO cope with the hellish ingenuity OF
this disciple of Satan. and also with
the skill of eminent counsel assembled
to defend him.
"No more inhumsn monster than this
respondent ever drew breath. New
Hampshire has known no crime paral-
Ieling his in ferocity in the two hun
dred years that have passed since Ind
ians raided our homes and burned our
women and children at the stake.
"In the beginning of the trial coun-