By the time he was put on trial for murder, Malachi Allen had already tried for violent crime. In 1884, Allen, who was Black, was charged, tried, and acquitted for the assault with intent to kill of John Kemp.
On July 1, 1888, Allen shot and killed Silas Love and Shadrack Peters, two Black men, in a dispute about a saddle near Winewood, Indian Territory.
Allen was arrested the next day. At trial in Fort Smith in January 1889, Allen claimed he acted in self-defense. He was found guilty on January 5 and sentenced to death on February 2.
Malachi Allen was hanged at Fort Smith on April 19, 1889.