Ogden Daily Standard | 1919-06-26 | Page 3 | Harry Mcclain is Found Not Guilty by Jury of Four

Harry McClain Is Found Not Guilty By Jury of Four; Harry McClain, charged with having intoxicating liquor in his pose.sion, was treed from this charge yesterday in the city court when a jury of four, men returned with a verdict of not! guiltj Judge Roberts, after the ver-dicl ver-dicl was returned, ordered that the defendant be released. McClain was arrested on June 19 by deplties of the sheriff's department near Uintah, as he was coming into! Ogden on a lreight train. According' to the testimony introduced in the ease Deputy Ilrown boarded the train! at Uintah and. finding McClain riding! in one of the ears, placed him under i arrest on a possibility of having liquor1 in his possession. Deputy Brown stat- ed that he searched McClain and found a half pint bottle of whiskey in I one of his pockets. He did not at that' time take the contraband away from Mi ( lain but searched about the car fori more liquor. Near where the defen-dant defen-dant was arrested, the deputy found, 2.'. more pints of liquor in a sack. I When he turned to McClain to get the pint of liquor In found that there wa--' none. He claimed that McClain must bave thrown the bottle out of the car., He further stated that two other men were riding in the same car, but failed I to catch them. County Attorney Bates contened that the liquor, sack and all belonged to McClain. Attorney Durlin N Wheeler, Wheel-er, appearing for the defendant, suc-ceeded suc-ceeded in contending that the state failed to shov nri il beond a reason able doubt, that the defendant had liquor li-quor actuullv in hi p "--i -oou ut own ed ( Mr Bates and Mr. Wheele., are both; newspaper men of this city and have worked together This Is the first . ts that Mr. Wheeler has had in this citj or state. He formerly practiced law-in law-in Los Angeles, McClain was arrested in Ogden by i the police last February on the same charge and was convicted. While sen inp: his sentence he was permitted to be about the building as a trustee. While serving in this capacity he escaped. es-caped. " IH After the trial yesterday the police i r ed McClain and returned htm to the city jail where he will serve the remaining 45 days of his preious sen- oo