In 1909, Small sued Arthur Soden, former president/owner of the Boston Beaneaters baseball team of the National League, for $500,000 ($17 million in 2023).

[3] At the time the damage amount of the lawsuit requested was the largest in United States history.

[5] Small and his third wife took out a joint life insurance policy of $20,000 ($560,000 in 2023) on March 16, 1916, from the John Hancock Company of Boston.

[6] Mr. Small had two properties previously destroyed by mysterious fires before the one that claimed the life of his third wife, Florence.

At first, the alibi of being in Boston was a good one for Mr. Small, until investigators discovered an alarm clock, spark plug, fire screen, clock spring and some hairpins had been used to make a timing device, indicating arson.

A local grocer reported that he delivered five gallons of kerosene to the Smalls' cottage just before the fire.

Small went on trial at the newly built Carroll County Court House.