Weekly journal-miner., 1918-03-27
LACEY CONVICTED ON CHARGE OF
 MANSLAUGHTER
KINGMAN OFFICER w H O KILLED STAGE DRIVER AS LATTER BROUGHT IN BOOZE, FOUND GUILTY IN SUPERIOR COURT.
(From Wednesdays Daily.)

days has been on trial for the killing of George Smith, an Oatman stage driver, was last night convicted on a charge of manslaughter, the jury hay ing returned a verdict of guilty at nine o'clock. after deliberating nearly eight hours over the case. Convic- ton on a charge Of this sort carries with 1t a prison sentence of from one to ten years Attorney Ross Blakely of Kingman, defending Lacey, has not yet announced whether a motion foi new trial will be made.
 In the opinion of County Attorney Stewart of Mohave, the defendant got of rather easy, in view of the fact that Smiths friends had contended and had tried to prove that the de ceased was shot down in cold blood.
 The shooting of which Lacey was convicted took place about three miles from Oatman on the road to Needles on the night of January G, 1918. Lacey and deputy lay in wait | for a cargo of whisky which was said to have been started from Needles in the direction of Oatman Smith, who was driving the car, refused to stop when called on to do so by Lacey and the latter fired shotgun at him with deadly effect.
 The submission of testimony ended shortly before II o'clock yesterday morning. County Attorney Stewart of Mohave, made the opening argu- ment for the State. It was NIT. Stew arts contention that George Smith. the victim, was making his first im- portation Of liquor at the time he met his death, and that he had made the trip to Needles without knowing | exactly what sort Of a cargo he hao , been expected to bring back with 1 him. Everything connected with the case. said Mir. Stewart, went to prove that Lacey had fired point blank at | Smith with the intention of killing him or at least wounding him. Lacey did not know at the time he fired the shot, said the prosecutor, that Smith really did have a contraband cargo. and told the jury that an officer did not have the privilege of firing at a man merely because he suspected that he might be breaking a law. Even had Smith been placed under arrest at the time, Lacey would not have had the right to use a shotgun on him | had he attempted to escape, the booze charge being at best only a misde- meanor charge and not one wherein a suspected man should run a chance of forfeiting his life.
 In making the argument for the de- fense, Attorney Ross Blakcly oi Kingman asked the jury to take into consideration the fact that the fatal charge of shot had entered the car just above the rear wheel, support ing the theory of the defense, that the shotgun had supposedly been aimed at the hind wheel on the left hand side in an effort to puncturc | the tire and stop the party from es- i caping. The jury was reminded oi the testimony introduced to show that Lacey had waved his fashlight across the path of the oncoming car until the vehicle approached so close T that the officer had to step back to the side of the road, and that in spite of this action on the part of the off cer, Smith had speeded up his car and attempted to run away
 The first words uttered by Lacey when he found that he had killed a man-"My God, I've killed poor Smithy''-were sufficient to show that the officer had not intended to hit the driver of the car, said Blakely. The booze traffic between Needles and T Oatman had given the Mohave off ccrs SO much grief during the past year or so, he said, that the sheriff had instructed his deputies to break up the business at any cost, and that Lacey was only doing what he be lieved to be his duty at the time he attempted to halt the car supposed tc be carrying liquor.
 The case was submitted to the jury at o'clock ?. m. Judge Sweeney read some instructions to that body following which it retired to the Hooker & Robinson office on the first floor of the building to begin its deliberations. At five o'clock, no yer dict having been reached, the jury asked permission to come into court again and have the instructions re- read. This was done, and the jury again retired.
 T FEDERAL FEMALE PRISONERS TO RE HELD HERE