Show JUNK MAN FREE A FEW MINUTES M Levy Acquitted of Receiving Stolen Goods but Is s Ar Arrested Arrested rested Again VARIANCE IN THE PROOF OFFICERS WILL MA E ANOTHER EFFORT EFFO RT TO CONVICT HIM HIMM M r Levy JI junk dealer was wa acquitted I in fl the th court yesterday y of the huge charge of knowing them theom w to be stolen but was immediately ted on another charge of the same kind A determined effort Is being made by the police the office and the detectIves of the local ecal railroads to convict Le Levy and him himI I to the penitentiary He was acquitted won uDOn a technicality I The c charged ed him with buy buying in ing 1000 worth rth of brass braa journals stolen by Har Harry Leroy and Bert Miller from five railrOAd the Oregon Short I Line Ute the Southern Pacific the Denver Rio Grande the Rio Grande Western the Union Pacific Variance in Proof The evidence evidene however showed that all th the brass stolen was the property of the Oregon Short Line At the conclusion of th the stats states evidence Attorneys A J Weber and J 3 M Hamilton ho are de defending defending fending LevY moved that the jury be instructed to acquit their clIent because of the variance between the proof and the Information and on the further ground that the only evid evidence nce tending to show how Levys guilt was uncorroborated of and Mil Mit is not sufficient in law to a conviction District Attorney F C Loofbourow and the attorneys for the defense argued these points at considerable length Judge Armstrong denied the motion so far as the second point was concerned but held that there wee was a fatal varIance between the Information and the proof Another Warrant Secured When hen it became apparent that Judge Armstrong ng would probably discharge Levy Deputy Sheriff Joseph C Sharp wore swore out s a warrant before City Judge J J Whitaker charging Levy LeYy with re worth of brass belonging to the Or Oregon on Short Line knowing it to be stolen The warrant was served on Levy Ley shortly after the formal of ac acquittal acquittal was rendered by the jury Levy at once put up a bond for for his appearance before Judge Whitaker when wanted He has been out on m bond first arrest He Is proprietor of Gr Great Western Iron Metal corn com lany South West street |