The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1917-01-08
Judge Kivel Denied Motion
That Court Direct a Yer
dict of Not Guilty
ATTACKS TESTIMONY
OF PROSECUTION
Reminded the jury That the Defendant
Must Be Proved Guilty Beyond a Rea-
sonable Doubt If He Were to Be Con
victed

OSSIPEE, \. H., Jan. s.-A crowd that
filled every available seat in the court
room and thronged the corridors of the
building was on hand today, when argu-
ments We're begun in the trial of Freder.
lex L. Small, charged with the murder of
his wife, Florence A. Small, at their cot
tage on the shore of Lake Ossiipee last
September
After Judge kivel had denied a formal
motion OF the defense that the court di-
rect verdict of not guilty, on the ground
that the evidence was not sufficient to
warrant placing the case in the hands of
the jury, William s. Matthews, senior
counsel for Small, began his argument
tie reminded the jury that his client
must be proved guilty beyond reasonable
doubt If he were to be convicted. Speak
ing OF clrcumstantial evidence. he said
every fact must be proved before a con-
cluslon could be drawn. To put the
szV,to0 JOINT life insurance policy as a mo-
tive IN this case is turning into a motive
that which is a mans duty towards his
family, Matthews continued
SmalTs handwriting on the check which
he gave for mileage books when he started
- DpotOlI was dQhdllCeu DN counsel
argument that he did not commit the
crime, as was also the fact that he selected
q tragic play to attend in Boston that
night tie was a different man after he
received the telephone call, telling of his
wlfes DEATH counsel said.
The evidence concerning Smalls actions
when he received the telephone call and
during his return trip to Mountain View
did not show Small to be guilty of the
crime.
Counsel attacked as inconsistent the tes-
tlmony of Prof. Howard NJ Kingsford of
dartmouth, who told of the contents of
Mrs. Smalls stomach. Instead of indicat-
ing death soon after a hearty noon meal
death after supper of warmed-oyer soup
was indicated, he said.
Or. klngsford's Identification as resin of
a substance found on the BODY. which an
other witness said was glass, was princi-
pal point of attack, and testimony as to
SmalFs abuse of his wife was criticised as
weak
Do you suppose a man who would at
tempt to carry through such premeditat-
ed crime would allow suspicion to attach
itself to him by buying kerosene at the
last minute?'' counsel asked.
Discussing the incendiary devices which
the prosecution alleges We're created bv
Small to start the fire hours after he left
home. counsel declared defects in spark
plugs presented in evidence would inter
tere with the working of any electrical
apparatus for this purpose. He asserted
also the works of the alarm clock, recoy-
cred from the ruins, had been missing for
years
Mr.. Mathews contended that Mrs. Small
locked the door after Small left. He
canrd attention to the testimony of George
hennett that he heard Small say Good
bye, and that he was not certain whether
he heard lock click Il don't think
You'll have any Difficulty" he said, ''in
tndlng that the click that Kennett heard
was the turning of this lock by the hand
of Mrs. Small" The red lines of de-
markation between the burned and un-
burned parts of Mrs Smalls body, which
three doctors testified were there, indi-
Gated that the fire occurred before death.
1t was gratifying, said Mr.. Mathews, that
the state had not made out such case
that It was necessary to put Small on the
witness stand