Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1911-07-20
NALCH'S HEARING
n.,;ck and Swan Waive Prelimi-
r,rv Examination Bound Over.
STIFF BOND IS REQUIRED
c..es 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 pre-
liminary examination and were bound
over to the district court, the Judge
fixing the bond of the Indian at
$4,000 and that Of Swan at $4,000.
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
1t Cottonwood. Malick, who has been
confined in the Nezperce county jail,
was brought up from Lewiston Thurs
day afternoon overland by Sheriff
Overman and Deputy Thompson, the
trip being arranged SO that the ar
rival 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 Wal
dunn.
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 we'll as in the neigh
borhool where the crime was CON-
mitted, people seem satisfied that jus
tice 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 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 determination
Of brute in human form.
AT the hearing the state was repre-
sented by Prosecutor E. M. Griffith
and Wallace N. Scales. Atty. G. T.
Mcdonald appeared for Swan but
Malick was without counsel.
The state asks that the bond for the
Indian be $50, 900 and that. of Swan
$4,000, stating that the attending
physician had stated Mrs. Malick was
not out Of danger and that the law
provides in case of death within q
year and one day from the commits
SION OF the crime the defendants could
be tried for murder in the first de-
gree which is unbailable. After
considering the matter the court set
the bonds at $4,000 and $4,000.
That the Indian will be unable to
furnish q bond is q foregone conclu-
SION and it is doubtful if Swan will
succeed. At the conclusion of the
Of the trial Malick was taken back
70 Lewiston and placed in the Nez-
perce county jail until the September
!erm Of court. Swan is incarcerated
IN the Idaho county Jail.
Malick showed plainly that he was
frightened during the stay in Cot.
tonwood and his beady eyes watched
every movement. He was shackled
during the trip and also allowed tc
wear the '.jewelry" during the trial
u Is said he has made the boast that
u. /. ne were only permitted to gain his
l'oerty for short time and attend
% several other jobs he would not
care as to the future.
Malick, who is short of stature,
looks more like a Spaniard than al
Indian but it is said has no Spanish
blood in his veins. his mother being a
,uii blood Nezperce squaw and his
"tner Canadian French and Indian
Stories originating from Lewiston
20 the effect that Malick's attorneys
VIII ask for change Of venue from
.ssno TO Nezperce county are a bunch
= not air. In the first place it il
quite doubtful whether Malick hal
e'ained counsel at this time and 81
.ue coming term of court in Idaho
oounty does not convene until Sep
1mber and as the matter of a chang'
.Suld have to be argued at that ses
.ou o. the court and the judge gran
= 'e!use the same, it seems Lewiston
!, little premature with the trial o
.ue case. There is no reason VIII,
I man cannot get q fair trial il