IDAHO COUNTY FREE PRESS

THURSDAY, JULY 6, 1911

BRUTAL ASSAULT  -  Peter Malick, half-Breed Indian, Murderously Assaults Wife

CRIME COMMITTED SUNDAY  - Feeling Running High and Public Incensed Over the Crime

Along about sundown Sunday, Peter Malick, a half-breed Indian, most brutally assaulted his wife on the ranch of the couple near the town of Columbus, a place about eight miles from Grangeville.

It seems Malick, who has been having some trouble with his wife of late, had been in Grangeville the last of the week, the two settling up their affairs and Saturday, after getting a good loan of fire-water on, in company with one Jese Swan, a man who has not any too savory a reputation, left for the ranch.  The first intimation his wife had of his presence was when two bullets whistled through the cabin and this was followed by an attack of the half-crazed Indian.  He proceeded to beat her, using as weapons a miner's pick, revolver and two rifles.  The assault started in the house and as he dealt her savage blow after blow, she fled to the yard and jumped behind Swan for protection.  It is said Swan lost no time in getting away from the scene and left the woman to her fate.  Alone and defenseless she was beaten into insensibility by Malick, who only desired after it looked as though the job was complete.  The woman crawled to a neighbor's house a quarter of a mile away and from there the report was sent tot Grangeville.  Officers Thompson and Quinlan went out and took the man in charge about daylight as he was leaving the cabin.  

The crime is one of the most brutal in the annals of Idaho County criminality and quite naturally feeling is running high.  Dr. Slusser, who was called to attend Mrs. Malick, states there were nine separate and distinct wounds upon the woman's face, a broken collar bone, several fractured ribs and internal injuries which make the case look grave.

Malick was taken to Lewiston yesterday for safe keeping and Swan, who was picked up on the streets of Grangeville by Officer mason, is confined in the county jail.  So far no charge has been lodged against them as the seriousness of the crime will depend upon the outcome of the woman.  Prosecuting Atty. Griffith is leaving no avenue of escape and securing all the evidence possible, having taken the precaution of securing a statement from Mrs. Malick.  It is said Swan will be charged with being an accessory to the crime at the preliminary which will be held when the conditions of the woman are such that she may attend.

Malick is an educated Indian and has considerable property; his victim is well and favorably known in the county, having taught school for a number of years.  She was raised by white people, is well educated, being a graduate of the State Normal as well as Whitman College highly respected and loved by many.  She has a host of friends who are highly incensed over the affair.  Today Judge Scales was secured by friends of the woman to assist in the prosecution.

 

IDAHO COUNTY FREE PRESS

THURSDAY, JULY 20, 1911

MALICK'S HEARING  - Malick and Swan Waive Preliminary Examination  - Bound Over

STIFF BOND IS REQUIRED  - Cases Will Come Up at September Term of Court

The preliminary hearing of Peter Malick, charged with assault with intent to commit murder, and Jesse Swan, the white man who is being held upon the same charge, was held before Judge Duffy of cottonwood Thursday evening of last week.  Both Malick and Swan waived preliminary examination and were bound over to the district court, the Judge bring the bond of the Indian at $15,000 and that Swan at $3,000.

The crime for which the pair is being held was one of the most brutal in the history of Idaho and as feeling is running high against the Indian it was decided best to hold the trial at Cottonwood.  Malick, who has been confined in the Nezperce county jail, was brought up from Lewiston Thursday afternoon overland by Sheriff Overman and Deputy Thompson, the trip being arranged so that the arrival of the party in Cottonwood would be shortly after train time.  Swan who has been held in the Idaho county jail was taken to Cottonwood Thursday overland by Charles Waldum.

The place and time of the hearing was kept quiet so that no violence from infuriated citizens would occur.  While there is much feeling against the Indian here as well as in the neighborhood where the crime was committed, people seem satisfied that justice will be done and are willing that the law takes its course.  The means suggested by the most rabid as to the proper manner of disposing of the case, are in a way justified, but the officers of the law have taken an oath to do their duty and it would be folly to sacrifice the life of one good man in order to carry out the extermination of a brute in human form.

At the hearing the state was represented by Prosecutor E.M. Griffith and Wallace N. Scales, Atty. C.T. McDonald appeared for Swan but Malick was without counsel.

The state asks that the bond for the Indian be $20,000 and that of Swan $5,000, stating that the attending physician had stated Mrs. malick was not out of danger and that the law provides in case of death within a year and one day from the commission of the crime the defendants could be tried for murder in the first degree which is unbailable.  After considering the matter the court set the bonds at $15,000 and $3,000.  That the Indian will be unable to furnish a bond is a foregone conclusion and it is doubtful if Swan will succeed.  At the conclusion of the trial Malick was taken back to Lewiston and placed in the Nezperce county jail until the September term of court.  Swan is incarcerated in the Idaho County jail.

Malick showed plainly that he was frightened during the stay in Cottonwood and his beady eyes watched every movement.  He was shackled during the trip and also allowed to wear the "jewelry" during the trial.  It is said he has made the boast that if he were only permitted to gain his liberty for a short time and attend to several other jobs he would not care as to the future.

Malick, who is short of stature, looks more like a Spaniard than an Indian but it is said has no Spanish blood in his veins.  His mother being a full blood Nezperce squaw and his father Canadian French and Indian.  Stories originating from Lewiston to the effect that Malick's attorneys will ask for a change of venue from Idaho to Nezperce county are a bunch of hot air.  In the first place it is quite doubtful whether Malick has retained counsel at this time and as the coming term of court in Idaho county does not convene until September and as the matter of a change would have to be argued at that session of the court and the judge grant or refuse the same, it seems Lewiston is a little premature with the trial of the case.  There is no reason why this man cannot get a fair trial in Idaho County and the matter of taking the case to another county will be seriously opposed.

IDAHO COUNTY FREE PRESS

THURSDAY, JULY 20, 1911

Woman Some Better

Last Sunday, Mrs. Malick, the woman who was assaulted by her husband out in the neighborhood of Columbus, was brought to town in an auto and taken to the home of Mr. Evan Evans, where it will be possible for the doctor to watch the case more closely.  At the present time a condition for the better is reported.  An examination of the victim shows that Malick all but succeeded in committing murder and undoubtedly left his victim only when he thought death was but a matter of minute.

IDAHO COUNTY FREE PRESS

THURSDAY, AUGUST 31, 1911

DISTRICT COURT IS NOW IN SESSION  - Malick's Attorney Ask that Indictment be Quashed, Fails in That and Gives Notice Will Seek Change of Venue

Peter malick, the half-breed Indian and Jess Swan, the white man, who are charged with assault with intent to committ murder pleaded not guilty.  the crime with which they are charged was committed over on the reservation late in the summer upon the person of Josephine malick, wife of the Indian.  It is alleged that Swan, who accompanied malick to the scene of the crime, was party tot he affair.

Atty. McNamee, who appeared for Malick as well as for Jabeth and Lott, all Indians made a motion amonday to quash these indictments, contending that the state courts had no jurisdiction in these cases on the grounds that the defendants were Indians and the alleged crimes were committed on the Nezperce Indian reservation and against Indians.  The motion was argued before the court Tuesday afternoon and McNamee cited a number of decisions by eminent jurists of the question but the state also made a good showing.  The court however, overruled the motion to quash stating that while the government had right to regulate the sale of liquor on what was the Nezperce Indian reservation, an article of the treaty with that tribe providing for the restriction of the sale of liquor in that district, it was not now an Indian reservation and the state courts had jurisdiction in matters originating from there.  

The court has set the following criminal trial:  Malick Sept 7.

IDAHO COUNTY FREE PRESS

SEPTEMBER 7, 1911

Peter Mallick, who beat his wife to within an inch of her life, last June, was being held in the county jail in Grangeville waiting for court to convene this week. During the night a mob shot him 30 times in his cell.  Judge Steele blames the Pardon board

Permit me to suggest that if courts are to enforce the law, the board of pardons should take a reef in its sail and see whether it needs mending.  I feel the board of pardons has been instrumental in bringing about the conditions which resulted in the brutal murder of Peter Mallick in the county jail.

Judge Edgar A. Steele

IDAHO COUNTY FREE PRESS

THURSDAY, SEPTEMBER 7, 1911

MALLICK'S LIFE SNUFFED OUT FRIDAY

Mob Visited Idaho County Jail Early Friday Morning Overpowered Officers and Riddle Wife Beater With Bullets

RETRIBUTION SLOW BUT SURE -- MALLICK'S CRIME SHOCKING  - Beat His Wife Within an Inch of Her Life Last June - Was a Dangerous Man and Had the Community Terrorized

Justice was dealt out summarily to Peter Mallick, the half-breed Indian who beat his wife to within an inch of her life on July second, early Friday morning, when a mob visited the Idaho county jail, overpowered the officers, sought out Mallick and riddled his body with bullets as he lay on the bunk in his cell.  Mallick, it will be recalled, brutally assaulted his wife, a highly educated as well as respected woman of French and Nez Perce parentage, at their home ten miles from Grangeville July 2.  He was accompanied to the scene of the crime by one Jess Swan, a white man who has not the best of a reputation and while there is no evidence which shows that Swan was a party to the affair other than that he stood by and allowed the brute to beat his wife for some time, feeling had been running high and at the time of the commission of the crime Mallick was spirited away to Lewiston for safe keeping.  

Every Precaution Used by Officers

At the preliminary hearing Mallick was brought from Lewiston to Cottonwood in an auto, sheriff Overman taking this method in order to frustrate any attempt on the part of a mob to get hold of him.  Swan was taken over from Grangeville by a special deputy and the time and the place of the preliminary examination was kept from the public.  The Indian was returned the same day to Lewiston and placed in the Nezperce county jail until court convened in Grangeville when he with the other Idaho county prisoners, was brought up from Lewiston a week ago Sunday by order of the court.

While there was some talk of lynching when the crime was committed just two months ago, there has been no such rumor for some time and it was generally supposed that the law would be allowed to take its course.   Last Thursday evening Sheriff Overman and Judge Steele, in discussing the matter of Mallick's imprisonment here, were both of the opinion that there was no danger of a mob and it was decided to keep him here until the argument of a motion for a change of venue was made by his attorney, Clay McNamee.  More than ordinary precaution had been taken by Sheriff Overman to guard his prisoner, Jailer McLean, who sleeps at the jail at night, being provided with an assistant in the person of Charles Waldum.  Waldum was instruction to examine the cells several times each night as well as to make occasional trips around the outside of the jail.

Jailers Look Down Pistol Barrels

The morning of the lynching Waldum, who had examined the cells about an hour before the arrival of the crowd, was sitting in the jail office when hearing a slight noise outside he stepped out to take a survey of the surroundings.  He had no sooner stepped out than he was covered with three guns and ordered to throw up his hands.  Waldum did so and was then ordered to step off the sidewalk.  He was kept covered while four other men rushed the outer door to the jail and met Jailer McLean, who upon hearing the noise had jumped from his bed and made an effort to bolt the door.  McLean was covered by the four men and his hands ordered up.  The command by one of the four of "hands up" was followed with the caution to McLean to "keep them up old man" and that it would soon be over.

Indian Dies With Oath on Lips

As McLean and Waldrum were kept covered another man darted into the jail office, secured the keys to the cell room, jerked the telephone receiver from the hook and meeting four or five others in the jail corridor, proceeded to unlock the door and entered the jail proper.  A search was instituted at once by the crowd in the cell from flash lights being used to locate Mallick.  The cell of Chamberlain was visited first and he was ordered to show his face.  Subsequently the other cells were visited and Mallick finally located in the cell in the north end of the jail.  As his identity was established the man who had located him remarked to the others, "here's Pete" and to Mallick he said "get up old man and take your medicine."  The Indian replied, "let down your mask you son of a b----, and let me see who your are."  The men inside gathered in front of the cell of Mallick and at the command of "ready, one, two, three" fired a volley into the Indian.  A number of dilatory shots were fired following and the mob then left the jail, the last man to leave keeping the two officers covered and warning them not to enter the bed room.

Convict Tells Improbable Story

Bert Frye, a prisoner who is under a sentence of from two to fourteen years for burglary and was awaiting the arrival of the guard from Boise, was confined in the cell adjoining Mallick and stated before the coroner's jury that he was unable to identify any members of the mob, gave out a statement at Lewiston Sunday to the effect that through a crack in the partition between the cells was able to observe Mallick and that he was arising from the bed at the time the first volley was fired.  The partition is a solid one and shows that Frye's only object in making himself prominent in the matter is to be brought back as witnesses and then have some chance of escape.  From where Frye was it is utterly impossible to see in the cell where Mallick was confined unless a man has vision which will pierce a six-inch solid wall.

Mob Leaves No Evidence Behind

The members of the mob consumed less than five minutes in getting away with Mallick and left the jail almost as mysteriously as they came.  Twelve masks of black cambrie were found on the streets near the jail, also a twenty-five foot rope was left behind.  There is evidence of congregating of men near the old brewery and it is surmised that here the mob met previous to the attack on the jail.  All witnesses called before the coroner's jury stated that the members of the party wore linen dusters, soft hats and black masks and some of the witnesses stated that their faces were blacked as an extra precaution.  Their identity was impossible by those with whom they cam in contact. 

Communication With Sheriff Cut Off

The telephone wire leading from the jail to Sheriff Overman's house was torn down previous to the attack so that communication with this officer by the jailer was impossible by this method.  Charles Waldum ran to the sheriff's residence after the mob had left and Sheriff Overman and his deputies were on the ground a half hour after the lynching.  Horse tracks indicated that a number of horses had been held in readiness for the lynchers at various places in the north end of the city and that after the affair they had mounted and rode away. 

Coroner's Jury Exonerates Officers

The coroner's jury composed of the following gentlemen:  Charles Parsons, J.W. Wilkes, D.H. Sasenbery, james Eldridge, George D. Smith, T.W. Bales, George A. Smith, John Hanson and Robert Jones, was impanelled Friday afternoon by Coroner Blake and after viewing the body and making a  thorough investigation the following verdict was returned:

We the undersigned, the jurors summoned to appear before Henry B. Blake, the coroner of the county of Idaho in the state aforesaid, at the city of Grangeville in the county and state aforesaid, on the 1st day of September, 1911, to inquire into the cause of the death of the Peter Mallick having been duly sworn according to law, and having made such inquisition and after viewing the body and hearing the testimony adduced.  Upon our oaths, each and all do say:

That we find the deceased was named Peter mallick; that he was a native of the United States and a half breed Indian; that he was aged about thirty years; that he came to his death on the first day of September 1911, at about the hour of two o'clock in the morning at the county jail in the city of Grangeville, Idaho county, Idaho, in the manner following to-wit:

By being shot to death and with firearms in the hands of parties wholly unknown; and we further find that no blame or negligence can be attributed to the officers guarding said mallick it being our opinion that they were taking all necessary means to safely keep said mallick and were entirely overpowered.  All of which is duly certified by this inquisition, in writing, by us singed, this 1st day of September, 1911.

Thirty Shots Fire - Automatics in Evidence

The witnesses differ as to the number of shots fired but it seems close to thirty were fired before the mob left the jail.  There were nineteen wounds in Mallick's body; four being in the head, three over the heart, three in the left side, seven in the left arm and two in the abdomen.  Mallick did not utter a sound after the first volley and it is evident that the little leaden missiles did their work early in the proceedings.  The shots were of various sizes, indicating that different guns had been used.  However a number of shells left in the jail indicate that automatic pistols were in evidence.

Paid Penalty Past Due

That through the losing of his life Peter Mallick paid a penalty long past due there can be no denying by those who are at all familiar with his history.  The drawing aside of the curtain and peering into the past of this man reveals a life as black as an Egyptian night.  By those who know him not a good word has been spoken in fact the path of his life has been a trail of desolation marked on either side by terror stricken people.  He has been a menace to the public and blot on the civilization of his people.  There are bad tales emanating from Montana regarding this man's career in that state and previous to his marriage he did time in the Idaho prison, receiving his sentence in Nez Perce county.  Circumstance after circumstance might be cited showing the brutality of this fiend anyone of which would justify the means employed Friday morning.  He has been the terror of the neighborhood and has threatened more than one man's life in the section where he lived.

John McCoy, and old timer living out there has lived in fear of this man for years and just this spring Mallick opened fire on him while he was peacefully employed in his field.  When suggestion was made that his treatment of his wife must cease a threat of taking the lives of those who would intercede was invariably the reply.  Peter Mallick's last crime was not his first by any means and to those who have criticism to offer, if there be any a careful investigation of this man's history by them will lead to a speedy conversion to the popular sentiment.

His Victim an Exemplary Woman

On the other hand, the woman whose life he sought was of the best type of womanhood, not born of the highest strata of life but through her own efforts she has lifted herself to a station above the average and the one mistake she has made was the union with Mallick.  The man's past history was little known to the woman at the time of her marriage, however when his true character was known her loyalty in him never wavered and she was a good and true wife.  

Josephine Gaddy, as she is known, is the child of French and Indian parents, and when a small child was taken by a Mr. Gaddy, a kind-hearted old prospector who lived near the present town of Harpster on the Clearwater.  At his death she was placed in charge of Mr. and Mrs. Evan Evans, who gave her a daughter's care.  She was educated in a Sister's school at Lewiston, later graduating from the State normal in the same city and completing her education at Whitman college.  Later she returned to Camas Prairie and for a number of years previous to her marriage was one of the Idaho county's most successful teachers, always making lasting friends of her pupils who are today among her many loyal supporters.  Through her kind and loving disposition she has made friends without number and travel where you will in Idaho county where the old pioneer remains and you will find nothing but the highest praise for Josephine Gaddy.

News of her mistreatment has come to the ears of many of these old pioneers from time to time and every effort has been made to straighten out Mallick.  This loyal woman has been beaten time after time but she never complained and would have remained with his previous to the assault of last July, had he not ordered her with the three small children to leave home.

All that this woman has gone through she alone knows and has preferred to bear her grief alone, no doubt hoping there was some good, some undiscovered spark of manhood in this human which would assert itself.  Fragmentary facts enough have filtered from the little home to brand Peter Mallick as a cruel, heartless fiend who was a source of constant danger to his family and menace to society.  When on July 2, Peter Mallick left Grangeville for the home of his wife, he went with murder in his heart and fully intended to kill the woman who had kept her ever marriage vow, never once complaining to the public but dutiful to the last, hoping against hope that he was not what his ever action indicated.

Crime the Most Brutal Imaginable

A brief recital of the last attack is an index to this man's life.  Late in June, after Mallick had ordered his wife and children, one, two and half year of age, from the ranch, he came to Grangeville and arranged property matters.  He told Mrs Mallick to return to the home which in the settlement was given to her and he would not bother her but would leave the country.  On Sunday afternoon, July second, Mallick and Jess Swan, a white man, left Grangeville for the ranch.  Both had been drinking according to the story told but witnesses can be procured who will testify as to Mallick's condition being otherwise.

The two arrived at the house near sundown, Mallick opening fire on the house with a Winchester.  Mrs. Mallick was sitting in a chair rocking her twin babies to sleep when the first intimation, a bullet whistling by her head was given.  He followed up the shooting by breaking down the door and unmercifully beating his wife, using a revolver, rifle and miner's pick.  He dragged her from the house by the hair and cut all the clothing from her body with wicked slashes of a knife.  As she grew weak from the loss of blood and fell in a heap he picked her up, places her on the porch and knocked her to the ground with the butt end of a rifle.  At one time during the assault he struck at her head with a rifle, attempting to brain her as she was drinking water.  The blow missed her head but broke the right collar bone.  Time after time he kicked her and also used miner's pick with telling effect.  The woman alone and defenseless, the brute desisted only when he thought the job was complete.  He waded through the house, where the two babies and other little child were, took a hand full of matches in his bloodstained hands and sought safety in the brush.  After he had gone the woman crawled on her hands and knees to a neighbor's house and fainted away after telling but briefly her story.  There were nine scalp wounds, a broken collar bone, two broken ribs, a finger almost torn off, two teeth knocked out, the liver torn from the abdominal walls and not a spot an inch square on her body that was not bruised and beaten.  It is to be wondered at the the citizens of Idaho county refused to allow the state board of pardons another opportunity?

IDAHO COUNTY FREE PRESS

THURSDAY, SEPTEMBER 7, 1911

NOT FLINCHING  - Idaho Can Rest Assured that Local Officers Will do Their Duty

COURT TELLS SOME TRUTH - Judge Steele Says Pardon Board to Blame For Lynching

Upon hearing of the lynching of Peter Mallick, Gov. Hawley sent out the following dispatch from Boise.

"A reward of $1000 is offered by the state of Idaho for the arrest and conviction, of the persons who murdered Peter Mallick at Grangeville, Idaho county, Idaho, on the first day of September 1911.  Said reward will be paid at the treasury of the state of Idaho.

James H. Hawley, Governor.  A reading of the above shows that in order to secure the reward the arrest and conviction of the entire mob is necessary, indicating that the state intends that none shall escape and the mere conviction of one or two members of the mob will not secure the reward.

The governor wrote the sheriff to use every effort to run down the lynchers and has ask Judge Steele to call a grand jury to investigate the matter.

The people of Idaho need have no fear but what the officers of this county and the Judge of the district will do their full duty and can rest assured that no stone will be left unturned in seeing that justice is done.  The sheriff and prosecuting attorney are doing all that is possible to ferret out the parties who took part in the affair and the following letter from Judge Steele to the Governor in reply to his telegram covers pretty well the situation as regards the court:

Grangeville, Idaho, Sept. 4, 1911.  To his Excellency, Governor Hawley, Boise Idaho.

Sir:  Your telegram received.  Have no fear but what every step within my power will be taken to apprehend the men who were engaged in the lynching of Peter Mallick in the Grangeville jail.  A grand jury will surely be called at the proper time.

Having held court in Idaho county for over twelve years, I feel that I can say of the citizens of this county that there is no more law abiding law-enforcing class upon the face of the globe than are found among the citizens of Idaho county.

Permit me to suggest, however, that it appears from the actions of the board of pardons of this state that this board, of which you are a member at present, fails to give proper credit to the intelligence of the citizenship and that the board appears to believe that the juries of this county and the trial court do not understand the conditions existing.  The board of pardons has set aside the verdict of every jury and the sentence of the court in every case of any importance that has been tried in this county for the past twelve years.

I shall appreciate every effort made by you as governor of this state in giving me assistance in the apprehension of the men who have brought this foul disgrace upon the county and state.  You have but entered upon the duties of your important office, having only held the position and been a member of the board of pardons for the period of eight months.  Your education as a lawyer and your past life shows you to be a man who believes in the enforcement of the law, and I have every confidence and every hope that you will aid in correction the evils which I believe exist and which have been called attention to.  

I feel that the board of pardons has been instrumental in bringing about the conditions which resulted in the brutal murder of Peter Mallick in the county jail.

Very respectfully, Edgar C. Steele.

 

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