Florence Arlene Small (née Curry)[a] was born in Hortonville, Nova Scotia,[3] on March 27, 1879.

County Solicitor Walter Hill and Attorney General James P. Tuttle represented the prosecution.

[8] Local residents of Ossipee testified at the trial to the character of Frederick L. Small and his aggressive physical and verbal behavior towards his wife.

"[8] In addition, Philip L. Davis stated that Small "kicked his wife, swore at her, and ordered her into the house" after a flagpole they were trying to install fell to the ground.

[8][5] This circumstantial evidence led prosecutors to argue the death of Florence Arlene Small was premeditated and not accidental.

[8] Frederick L. Small was found by a jury to be guilty of first degree murder with a stipulation of capital punishment.

[15] By New Hampshire law at the time, a year and a day was required between "the passing of a death sentence and its execution.

[16] The document alleged that one of the jurors stated that "he knew Small was guilty" before any evidence had been presented in the case.