Captain Clarke's testimony was to the effect that he gave no me structions to the defendant ington az to what particular pi: latter was to use to formation, but that he did discuss an agreement with him to the effect that if the police received the information relative to these ard would be paid. He thing ton had never informed him of the specific amount he want-service, and that was waiting on the defendant Warthington az late as a few hours before the arrest of the latter to receive his terms.
Tu analyzing the evidence produced by both sides, it shows, by jn:|the defendant Worthington's admission, that he is technically guilty of carrying concealed weapons Jatout his person, and the only way that he could be' absolved from this fact would be that he had been given such official authority by the Biun'cipal Police or by others who have sue powers to confer it upon im. I do not believe that tie transaction in regard to obtaining this information for Captain Clarke Was sufficient to clothe him with the power to carry a concealed weapon or weapons. If he had on|been given definite instructions by Captain Clarice to carry out this plan, it would have put a differ-lent phase on the situation, but such fs not the case. He has committed an illegal act in the eves of the aw on his own initiative.and must bear the consequence, The Position of a Police Force The defendants have cited cases which they contend apply to the facts in this case. These cases sited are one: in which the police inveigled the deferdant.to commit 'a.crime of which he is suspected of having committed before, and in ithe decision of the Court that where the police a party in the perpetration of a cute, of which the defendant does not have full knowledge, a conviction will not stand. The case at bar, however, differs in regard to the facts from the eases as cited. Such condition could only be charged to Captain Clarke in planning to trap the defendants. He denies that he knew that another branch of the Police Department were planning to arrest these defendants, That he had only informed other branches of the police force to keep an eye on the defendant Worthington's cond: t, appears that the two foreign cor stables were not working under the direct supervision of Captain Clarke the time the arrest was made. It cannot be claimed that the defendants in this ease were in the same position as those cited, and T fail to see that they are analogous to the euse at bar.
While "the perpetration of this technical violation of the law, of Which the defendants are specified ally charged, is not of very serious import, as there is no intimation that they intended to use. the pistols to perpetrate acts of violence ith them, the overt act which eonstitutes the eharze is, however, ap. parent,
Text read from the printed page and cleaned; old type leaves the occasional error.