Prime Crime: Solved Murders - Alone in Ossipee: Florence Small Pt. 2

Episode Date: March 29, 2023

Prosecutors Walter Hill and James P. Tuttle were faced with a difficult task. They had to convince a jury that Frederick Small could burn down a cottage from a hundred miles away. They would get their chance with the help of an electrician who was ready to testify.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Due to the graphic nature of this murder case, listener discretion is advised. This episode includes dramatizations and discussions of domestic abuse, fire, murder, and mutilation. We advise extreme caution for children under 13. Frederick Small muttered in frustration as he tinkered with batteries, pins, and wires. He struggled to get the exact configuration he wanted, but he was on the edge of something. Frederick would spend hours like this in his workshop. What he liked best about this time was that he was in complete control. Despite his best efforts, his life had a way of continually disappointing him.

It all began when he was young and he broke one of his legs in a baseball accident. It hadn't healed properly so his injured leg was permanently shorter than the other. And though resentment bubbled inside Frederick, he didn't let it consume him, he just let it fuel him. He was driven. He wanted to improve his mind and his station in life. He wanted to prove he was just as good, if not better, than those around him. And he believed his latest project was the key.

If only he could get the device to work properly. As he hammered, tied, and tested things, he heard Florence's footsteps above him. Florence was his third wife. Frederick shook his head. She was yet another thing that didn't do what he wanted. He turned back to his device. Soon, all of his frustrations would be a thing of the past.

Welcome to Solved Murder's True Crime Mysteries, a Spotify original from Parcast. I'm your host, Carter Roy. And I'm your host, Wendy. McKenzie. Every Wednesday, we step into the world of true crimes, most fascinating murder cases, and tell the tale of how real-life detectives close the case. You can find episodes of Solved Murders and all other Spotify originals from Parcast for free exclusively on Spotify. This is our final episode on the murder of Florence Small. Last week, we explored how her husband, Frederick Small, became the prime suspect. This time, we'll just be a little bit. This time, we'll

discuss terrifying revelations about Frederick and how a statewide debate determined the case. We have all that and more coming up. Stay with us. On September 28, 1916, Florence Small's home on the shores of Ossipee Lake, New Hampshire, burnt to the ground. Her dead body was found in the ruins, still partially burning. Authorities suspected foul play. As author Janice S.C. Petri writes in her book, Perfection to a fault, Florence's husband, Frederick Small, quickly became the prime suspect. In October of that year, a judge ruled that Frederick should face trial for Florence's murder. The prosecutors, Attorney General James Tuttle and county solicitor Walter Hill, had until December to build their case.

Their goal was to answer three questions. Would Frederick do it? Why would he do it? And how would he have done it? The first question of would he? Was confirmed by Florence's family. When Tuttle interviewed Florence's mother and sister, he learned that Frederick had a violent streak

and often took his anger out on his younger wife. Knowing this, it wasn't hard to imagine his violence escalated to murder. The second question, why, may have been answered at the hearing. It was revealed that before the house burnt down and Florence was killed, Frederick had taken out multiple insurance policies. He insured the cottage for $3,000, his possessions for $1,000, and opened a $20,000 joint policy on his and Florence's lives. But still, Tuttle and Hill needed to know more. So they followed up with Frederick's insurance agent,

and they got some damning information. When Mr. Small first submitted his paperwork, I turned it away. Why is that? I needed signatures from him and Mrs. Small, but he had signed for her. When I told him I needed her signature, he got angry. What did he say? Something about being the man of the house. But I put my foot down and he eventually got her to sign.

The prosecutors followed this paper trail and soon learned that the life insurance premium was, over $1,000 a year, which was a significant sum. What's more, they learned that Frederick Small only had around $4,000 to his name. They had to wonder why someone with so little money would be willing to spend that much on a policy. To them, Florence's death spelled murder for payout, and if this were true, it may not have been Frederick's first time playing with fire. Tuttle soon learned from Elizabeth and Norma Curry, Florence's mother and sister, that the women had even more reasons to distrust Frederick.

According to them, Florence was set to inherit a portion of the property that she and her mother and sister had turned into a convalescent home, the very place where she first met Frederick. In 1914, after the pair were wed, Frederick ensured that piece of property. Not long after, they moved to Ossipe, and the inheritance property was mysteriously destroyed in a fire. Things didn't stop there. As Tuttle and Hill kept digging,

they learned that in 1900, the home Frederick lived in with his second wife was also destroyed by fire. Though it wasn't clear if he received an insurance payout for the home, the pattern alone was incriminating. Tuttle felt that this spelled certain victory. They now had evidence that Frederick's mall was likely capable of setting a fire and would go to such lengths if it meant a payday.

But Hill felt differently. Three fires in this man's life, Hill. Try and tell me that's a coincidence. It's suspicious, but there's still room for reasonable doubt. What about this court document? Frederick's second wife had an affair, and he let it carry on just so he could sue the other man. He uses women for his own financial gain. I'm not disagreeing with you, but we must be thorough.

We still don't know how Frederick could have set fire to the cottage. In terms of this question, the prosecutors were led to a theory in an unexpected way. It all started when they received word from Dartmouth College on the contents of Florence's stomach at the time of her death. Back when the hearing had taken place, analysts were still examining Florence's stomach. stomach. Now the prosecution and defense both awaited the results with anticipation. This information was key, as it would help establish a timeline. Tuttle and Hill hoped to argue that Frederick and Florence ate a hearty lunch, then Frederick murdered his wife and left for Boston. But when Dartmouth finally submitted their findings, the prosecutors were met with more questions than answers.

Undigested meat and vegetables. She was clearly murdered shortly after eating. Yes, but that's all it proves. We need to know what meal Florence had just eaten. If the food is from lunch, it could have been Frederick. But if it's from dinner, after he left town, then it couldn't have been him. But how do we find out?

Let's see what we can learn from their neighbors. The two prosecutors spoke to residents of Ossopi, who they hoped, had a sense of the small's daily schedule. It likely wasn't easy, as Florence didn't know many people in town, but soon they learned that the smalls usually ate their largest meal in the middle of the day before 3 p.m. However, no one could say for certain whether they ate around that time on September 28th, the day of the fire, or if Florence had had dinner that night. Without confirmation, The prosecutor's timeline was mere speculation.

Hill and Tuttle had hit a dead end. They were forced to consider other timeline factors when they received a key piece of information through the Smalls mailman, Philip Davis. Davis wasn't just the mailman. He'd also been friendly with the Smalls. In fact, he'd witnessed some of the abuse Florence suffered at the hands of her husband.

He recalled for the investigators a time that he went on a duck hunting trip with the couple. Davis explained that at one point, Florence rode their boat into a sandbar, and Frederick almost beat her with an oar. Davis believed the only reason Frederick didn't do it was because he was there.

But the mailman had something else to tell the prosecutors. According to him, Frederick sent Florence a postcard from Boston on the night of the fire. On the card, Frederick simply wrote that the well, was fair, followed by the date and time. There was nothing personal or affectionate in the card.

The prosecution found this suspicious. They believed that Frederick sent the card solely to establish his alibi. But while this was a helpful witness statement, it only put more pressure on the question of how Frederick could have started the fire. We need to nail this guy. Let's think. We know that Florence was wrong. murdered beforehand.

That's right, and we have the rope that strangled her. But how could he have set the fire from Boston? Well, we've got more than just the rope from the crime scene. Remember those items found in the cellar? A spark plug, an alarm clock, hair pins, bedclothes that reeked of kerosene, and a revolver. There were also some wires. Edwin Conner says Frederick was a tinkerer, right? You don't think.

Could he have built something? We better find out. Coming up, Frederick Small's evil genius is discovered. Own it all. Pay off your home, travel for life, drive a Ferrari. In celebration of the world premiere of the Monopoly Big Board Buckslot Machine by Aristocrat Gaming, Yamava Resort and Casino at San Manuel is giving one person a $1.6 million dream

package the biggest prize in yamava's history club sarano members can earn daily instant prizes and secure a spot in the finale may 29 don't pass go and own it all only at yamava celebrating its 40th anniversary you win details at yamava dot com must be 21 to please gamble responsibly monopoly is a trademark of hasbro hasbro is not a sponsor of this promotion and now back to our story walter hill and james p tottle raced to investigate their latest theory the two men consulted several experts on how frederick small might have been able to be able to do that to build a timed incendiary device to burn down his cottage while he was away in Boston. Among these experts was an electrician named Franklin Piper. One more time, Mr. Piper. How would one build a device with these items?

A schoolboy could do it. First, you attach the end to some wires to an energy source, like a battery, then you connect the other ends to the hands on an alarm clock. Where you place them depends on when you were. want the wires to cross. When that time comes, the circuit closes. That makes this bit of metal heat up here, then, whoosh! Fire. And with enough fuel, a big one. Tuttle and Hill turned to each other. It all made sense. A look of victory passed between the two men. By the time the trial came around, they were ready. That December, the town of Ossipee buzzed with excitement. Newspapers had covered the case since the beginning, and word of the trial quickly spread. Folks from all over

the northeast piled into hotels and inns, hoping to catch some of the action firsthand. I hear the prosecution is pushing for the death penalty. Do you think I'll hang? I doubt it. The man they executed earlier this year was the last one. I hear they're going to abolish capital punishment. Who do you think will serve on the jury? It'll be hard to choose. It'll be hard to choose. everyone's been talking about it. On December 26th, 82 men reported for jury duty. The presiding judge, John Kivel, asked each man about their opinion on the case,

as well as their thoughts on the death penalty. Many of the men had been closely following the story in the news and were quickly dismissed. Those remaining move forward. After Judge Kivel approved, the prosecution and the defense questioned the men, question the men further. According to author Janice S.C. Petri, Frederick Small also took part in this process. Often, he would cross men's names off the list before his lawyers, Sidney Stevens and

William Matthews, finished questioning them. By midday on December 27th, 12 men were selected. They didn't have time to get settled. It was set to snow in Ossipee, and they needed to see the burned cottage before it was buried in snow. After a brief recess, the jurors were hurried to the scene of the crime. All four lawyers, the judge, Frederick, and Sheriff Arthur Chandler joined them. Once there, Frederick burst into tears and collapsed. Sheriff Chandler had to pull him back up to his feet. The jurors shifted uncomfortably at the display. Walter Hill had no time for the theatrics. He promptly stepped forward to make a statement. Gentlemen of the jury, I'd like to bring your attention to the cellar right over here.

There were several conspicuous items scattered around the area, including the makings of an explosive, which we will discuss in court. This is also where we found the revolver, which matches the bullet found in Florence's skull. And of course, this is also where we found poor Florence's body. Sidney Stevens, Frederick's young defense attorney, pushed back. Gentlemen of the jury, all Mr. Hill has told you is that the house collapsed and everything fell to the cellar. But I want to tell you a story of two doors. The first is the side door, which was found destroyed over here.

George Kenned, who picked Frederick Small up from his home that fateful day, saw Small leave through this door. It was locked when we found it in the ruins. I intend to prove that this door only locked from the inside, which means Florence was still alive when Frederick left home. Now, for the second door, the cellar door. As you can see, this hatchway is easily accessible to anyone outside the house. And if this door was unlocked, as I intend to prove it was, then someone else could have broken into the house, murdered Florence,

burned the place down, and escaped Scott Free. After surveying the scene, the jurors were escorted back to town and put up at an inn. The next morning, opening statements were heard in a packed courtroom, and the prosecution began a parade of witness testimony led by Walter Hill. Frederick used me for an alibi. He was going to hit her with that ore. That man cut her off from everybody. He took out policies for the house, the items, and Florence's life.

I'm certain that the court around her neck belonged to him. After days of testimony and dozens of witnesses, the prosecution had established a strong case, but they were far from finished. Hill needed the jury to understand the nature of Florence's wounds, which were inflicted before the fire. But rather than relying solely on the medical examiner's testimony, he opted for a more memorable tactic. On January 1, 1917, Hill carried a bag into the courtroom. Your Honor, I would like to submit to evidence Florence Small's bludgeoned and gunshot skull.

If you recall, the medical examiner had removed Florence's head knowing that the wounds would serve as evidence. He probably didn't anticipate that Hill would actually display her skull in trial, but the prosecutor seemed to elicit the response he wanted. The jury blanched at the site. Then their eyes shot to Frederick, who was trembling with emotion. The defense leapt to their feet in protest, but the judge allowed Hill to continue. Hill then brought in medical doctors who likely explained that the injuries were inflicted prior to the fire,

as well as the fact that Florence's undigested meal indicated she'd eaten not long before she was murdered. At some point, Hill likely pieced together Florence's final moments. Gentlemen of the jury, it's painfully clear how Florence suffered at the hands of her husband. To start, we know that by the time poor Florence was killed, Frederick Small was no stranger to insurance scams. So after taking out sizable policies on his home, possessions, and his wife's life, the defendant premeditated a way to destroy everything, make it appear as an accident and collect. Frederick murdered Florence, then left for Boston to establish an alibi. Now, I'm sure you all are wondering, how could the man have started a fire if he wasn't home?

To answer that, I call to the stand Mr. Franklin Piper. Franklin Piper, the electrician who the prosecutors had consulted, took the stand to explain how Frederick could have built a timed incendiary device with the part found in the cellar. As he spoke, the jury nodded in understanding. It was already looking bad for Frederick, but as a final checkmate, the prosecution brought in Elizabeth and Norma Curry, Florence's mother and sister. Both women said they had no doubt that Frederick killed Florence. Finally, on January 5th, after nearly a week of testimony, the prosecution rested. By the time the defense began, they hardly stood a chance.

They spent much of their time arguing that the house's side door, where Frederick had exited the home on the day of the fire, was supposedly locked from the inside when it was recovered, which indicated that Florence locked it after Frederick left. This implied she was alive at the time, but this argument fell flat as too many hands had touched the door at the scene. The defense also called character witnesses such as Frederick's old business associates and even his nephew. They all testified that small was an upstanding man and that they had never seen him treat his wife poorly. With this, the defense then rested their case.

On January 8, 1917, closing arguments were, were heard. The defense insisted that the prosecution's case was circumstantial and that a conviction required no reasonable doubt. James Tuttle spoke for the prosecution. He compared Frederick to a disciple of Satan, speaking to the religious leanings of the rural jury. Afterward, Judge Kivel reminded them of their options. A not guilty sentence and acquittal, a guilty sentence and jesus. A guilty sentence and jail for life, or a guilty sentence and death by hanging. Then, the jury left the room to deliberate. They returned later that night and announced that they found Frederick Small guilty of first-degree murder and that he should face capital punishment. However, not everyone thought he would actually

meet this fate. Coming up, the defense rushes to save Frederick from the gallows. Now back to the story. On January 8th, 1917, a jury declared Frederick Small guilty of the murder of his wife with a recommendation for capital punishment. While most anticipated a guilty verdict from the trial, the push for execution sent shockwaves through the spectators. For context, only 21 men had ever been executed in the state of New Hampshire. And rumor had it, the state legislature was looking to remove the death penalty entirely. So when Frederick heard his verdict, he was most shocked of all. Court was adjourned, and before being led to the jail, he spoke briefly with his defense

team, who assured him that they would appeal and that he'd regain his freedom in the end. Meanwhile, the town of Ossapie was a buzz. Journalists hurried to wire the verdict to their papers. Neighbors discussed the outcome with a combination of thrill and. and horror. Notably absent, however, were Elizabeth and Norma Curry. They had gone to bed before the verdict was handed down. It wasn't until the next morning that they responded to the news

and said that the jury had made the right decision. Around the same time, the court reconvened for the official sentencing. Judge Kivel took his seat at the bench and asked Frederick Small one question. Mr. Small, I've thought long and hard about your sentencing, and I give you this last chance. Do you have any reason why you should not be put to death? Yes, Your Honor, because I am innocent. You have nothing more to say? I say only the truth.

Very well. Frederick Small, you shall remain in... prison until January 15th, 1918. On that date, you will be hanged. Frederick barely flinched. It was as if all life had been drained from him. He was taken back to prison where he could do nothing but wait. His defense team, on the other hand, immediately went to work. They filed for a new trial, citing both the lack of evidence and James Tuttle's blatant pandering to the jury. They argued that his invoking of Satan was inappropriate. This offered the chance of a retrial, but proving Frederick's innocence was another matter.

It seemed inevitable he would have to face the gallows. But while the defense waited for a response, a new development emerged. On March 21st, 1917, the New Hampshire legislature was in the midst of debating a bill that would abolish capital punishment. The Bible says thou shalt not murder, and capital punishment is murder. Capital punishment is the only thing deterring people from committing homicide. You know good and well that it's not the only thing. The bill was finally put to a vote, and in the end was struck down, 190 to 142. Then on December 26th, Frederick's request for a new trial was denied.

Time was running out, and the defense scrambled for a new strategy. On January 10, 1918, five days before Frederick's scheduled execution, they filed once again for a retrial, citing prejudice from one of the jurors, but it was dismissed. Then on January 14th, just one day before Frederick was to be hanged, his lawyers filed one last stay of execution with the governor. That night, Sidney Stevens told Frederick that this too had been denied. Some time after 10 p.m., Frederick was transferred to a holding area near the death chamber. A minister came to visit with him, but Frederick refused to speak.

Once the clock struck midnight, he was led into the chamber. Once inside, he stepped onto the platform. From there, he noticed the crowd who had come to walk. There were many familiar faces, including several neighbors, the 12 jurors from the trial, and standing next to the rope, Sheriff Arthur Chandler. Chandler was the one who began the investigation, and at 1218 a.m. on January 15, 1918, he released the trap door, sending Frederick Small to his death. As the rope swung, Chandler remembered everything he was.

had learned about Frederick and Florence. He thought of a younger Florence newly in love, and how her husband tore her from her family. He thought of that fateful September day and what might have occurred between the couple. What are you doing, my pet? Needlework by the fire? What do you want? How would you like to make yourself useful for once? What are you? Chandler knew, and now, every one. knew that after Frederick had shot her, Florence was still alive, and even after attacking her with a firepoker, she held on. So the coward used the rope to strangle her until she was gone. The very next thing that Frederick did was dial Edwin Connor to unexpectedly move their trip to

that same day. But before departing for Boston, Frederick set his incendiary device into motion. And as the clock ticked, he packed up his valuables and summoned his driver, George Kennett. When Kennett was outside, Frederick stepped out of the cottage and pretended to say goodbye to Florence. Little did Kenneth know Florence was dead. Hours later, the cottage went up in flames. Looking at Frederick now, Chandler probably wondered if the fire on Ossipee Lake was his first time using such a device. While the sheriff would never know the answer to that question, he at least knew that Frederick Small's reign of terror was over.

Thanks again for tuning into solved murders. We'll be back next Wednesday with a new episode. For more information on Florence Small, amongst the many sources we used, we found perfection to a fault, a small murder in Ossapie, New Hampshire, 1916 by Janice S.C. Petri, extremely helpful to our research. You can find all episodes of Solved Murders and all other Spotify originals from Parcast for free on Spotify. We'll see you next time. Solve Murders True Crime Mysteries is a Spotify original from Parcast.

Executive produced by Max Cutler. Our head of programming is Julian Blas Roe. Our supervising sound designer is Russell. Nash with Nick Johnson as our head of production and quality control by Lisa Marie Gallegos. Stacey Nemick is our supervising editor and Derek Jennings is our writing lead. This episode of Solved Murders was written by Joseph Bricker, edited by Sarah Batchelor and Alex Garland, fact-checked by Bennett Logan, researched by Mickey Taylor, recorded by Alex Button, produced by Bruce Katovic and Aaron Larson and sound design by Brian Gullab.

It stars Brian Green, Joe Hernandez, Melissa Medina, Sammy Amounts, Cameron Nekad, Julian Smith, Rebecca Thomas, and Leith Walsh Lager. Our hosts are Wendy McKenzie and me, Carter Roy.