Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-01-15

: to be hanged shortly after midnight
for the murder Of his wife. Florence
Arlene Small at Ossipee in September,
1916.
For more than five hours the Council
listened TO the plea of Small's coun-
sci to spare the life Of the condemned
man. In the council chamber were Mrs.
Elizabeth Currier and Miss Norr,a
Currier. mother and sister, respectively
OF the murdered woman. When the
council announced that it would not
interfere and that Small must hang
they left the chamber silently.
Small was represented by Sydney $.
Stevens and William 5. Mathews Of
Somersworth. ana Sewall Abbott of
Wolfboro. Their arguments were along
the lines presented at the time of the
petition for a new trial which was re-
fused by Chief Justice kiNel of the So
perior court Saturday. They claimed
that one of the jurors who convicted
Small. was alleged to have said that
he had entered the jury box with his
mind made up that Small was guilty
and that his opinion was not changed
by the evidence. The circumStantial
nature of the evidence was also dWelt
upon. The attorneys reminded the
council that Small was in Boston when
the fire was discovered which burned
his home at Mountain View and nearly
, incinerated his wifes body.
For the state. Attorney General
James T. TuttlC and County Solicitor
Walker d. H. Hill of Carol county,
| where the crime occurred. reminded
the council that under the laws Of this
/ state the jury has the right. in a cap
ital case when they find the defendant
guilty of recommending a sentence of
| life imprisonment OF of death. In this
case the the state pointed out the jury
| was unanimously of the opinion that
| Small should receive the death penal
| ". They recalled the cunning and bru-
| tally with which the murder plot was
| worked out and executed. 1t was the
| hand of providence. Nh. Hill pointed
out, which caused the , body of Mrs.
| Small to fall through the flames of her
| home into a pool of water in the cell
! lar, thereby preserving evidence th"r
! She had beer beaten, StranSled ana
| shot.
! lie reminded the council OF the discov-
cry in the ruins of bits Of mechanism
which started the fire after Small had
| left for Boston. The state contended that
Small killed his wife in order to benefit
by $4,000 Joint insurance policy which
they had taken out shortly before Mrs.
Small met her death
The decision of the council after both
sides had made their arguments was
unanimous against interfering with the
sentence OF the law
/ Before the council had finished its hear
! ing. arrangements for Smalls execution
had been completed The official Wit
nesses had been notified to he at the
prison here at O'Clock tonight, as IS GUS
/ tomary when the death sentence is to be
carried out a few minutes after midnight.
! Small. who at one time was engaged IN
/ the real estate brokerage business in BOs-
ton. was convicted a year ago. saturday
Chief Justice Kivel of the superior court
on the ground that juror was alese. to
have said after the trial that he had been
convinced of Smalrs guilt before he enter
ed the jury box ana that he had not been
influenced by the testimony.
Body Found in Cellar
Mrs Smalls body was found in the
cellar of Smalls cottage on tn shore OF
Lake Ossipee after the building had been
destroyed by fire. Small had gone to Bos-
ton few hours before the blaze was dis
covered. The theory advanced by the
prosecution at the trial was that he mad
killed his wife in order to obtain $4,000
on Joint insurance policy which he and
/ his wife had taken out a short time be-
fore, and that he had arranged a mechan-
| zeal device to set the house afre aver
! his departure. Incarceration of the body
was prevented by its falling into pool
OF water in the cellar and an autopsy dis
closed marks of violence