The Sun. — London, England, 1806-11-10 00:00:00

NE J;" P ,_II,iLTA 11 P .1V 21 ...7•• • • . . • 7 -- . liIEMESES RETURNED. GLAmortoANSniktz-I-Thos. Wyndham, Oy.goßnsip4—Lord, Francis Spencer ; cJ. Fane, Esq. 1,1. RADNOR COUNTY—Walter-Wilkins, Esq.:, • RADNOR_ Richard Price, Escf. Bisnor',s CtiSqLE—John Robinson, Esq. ; Vim. • SHOREHAM—Sir. Charles M. Burrell; 'Timothy helley, - E.Ts - q: _ CHICHESTER—Rt. Hon; Thos. Steele ; George Yhite Thomas, Eiq.. A DuiTWIC4t.L.Lord Huntingfield ; Snowden Barnes, C out GAN— HOn. Sohn Vaughan: StittorsHlßE—Joliu Kynaston Powell, Esq. , ; John Cotes, Esq.' ROCHESTER— --••-•-• Calcraft, EST. Bar rett, Esq. • . KEREFORDSHIRE—Sir George Cornewall Sir j., G. Cottrell. • Itußx,*l4- 7 -R. J. Lambton, Esq.; Richard Whar : - ton, Esq. WCASTI.E-NORTH.—Sir Matthew White Rid! ley ; Charles John Brandling, Esq. YARMOUTH . (ITANTS):—:Jetvbise 'Clerk Jervoise, Esq.; -- Plummer, Esq. NOTTINGHAMSHIRE--Loid Newark ; Anthony Ba - rdblph, Esq. • • WENnovEa—Lord Mahon ; Geo;Smith, Esq. Muncaster ; Col. James Loyther, Ntwton : (11AtiTs)—General Sir John Doyle ; Rigidi Hot: o Itiat Curry. DOO,NSHIRE—Sir Laurence Palk"; John Polex - D- rtaskiicst , • ST. ALB AN' S- 1 741Ti. ‘ Poytttz, ESq. ; WA'. James Tili€Grimgton. , ST:MICH - A - Ha w kins'; • Fre derick Thomas French, Esq.,, LAVIt Xsitirt-;-ThOrrias. .Stanley, Esq. ; John Blackburn, 4 5 q„ ... _ NEW 149 MN E v-- I : ; 7 Right - Hon.W# l ,iam . Mr. Alderman Pering, BuCIcItIGHAMSHIRE—Lord Temple ; Marquis.of Titichfield. NEwARR—Gen. Stapleton Cotton ; ,TE-lenry WM- ham ; loughtm Esq. , ' t - BatsTorr.—Right Hon. Charles Bathurst Evsttl Baillie ; Whqgliaiciii ended at Liverpool on Saturday. _Nr - sr Roscoe and General GascOyne are the. Ivlembers, re : 7 ttirali. The state of the Poll at the close was - Mr. Roscoe 1157 ' General Gascoyne . 1138 - General Tarleton. OB6 Si)MERSETSLIIRE-• Thomas Buckler!, Lethbridge, Etq. Wright 760 • Mr. Lockhart 715 Mr. 13urtoti '209 WEST:AMSTER ELECTION. —State of the Poll at one o'clock to-day : Sir S. Hoot ) 3423 Mr. PiULL 299 2 Mr. SHEIUDAIst 2717 , . in was, what the general Colour and charmer -any public -man!s_condliq vs. 5 and in that view alone ta their judgMent on him. An Hon. 'Baronet, Mr. Windham said, had raised an objec tion 'againsthith,as' a Candidate from so whimsical .11 'motive, that he hardly hpew in what light-to treat He had said he (Mr. W.) was not a fit per son to represent the county, because, being in :Of fice, he was dependent'on the Crown. But what Mint be'. the inference drawn froM this, but that every man, serving in-any, office of the State, ninst necessarily be corrupt ; and that the only Way to .-remain untainted and unsuspe&ed was to keep out of Office; so,. in fa&, that 'the knaves were to, be suffered to fill the high posts of ,His Majesty's Go vernmentl, lest, by meddling in such matters, the honest inen:should loSe - their integrity ! Yet Naval and . Military Men Were - ever allowed, in the.. per formance of their , duty, to deserve Well of their 'tOuntry ;, and why ,not men in official situation*? ..EvTry one who knew any thing about the nature of pulpit business nmSt be well aware, that it could not be transaaecl, if Ministers bad_ not the permis . sion to .sit in• Parliament ; and if a Minister be an character to represent .4 county, he is also unfit to sit in Parliament at all. He would ask the wor thy - Baronet; whether be thought that eminent Statesrban (Mr. Pitt) was, when living, and in -of fice, an . unworthy - tandidate for representing t Lini versify of _Cambridge ? But surely, be said, there nEiver was so monstrous a doarine broached, nor one - more inconsistent with the avowed principles of those 'who had -so unadvisedly .set it up.— Much (Mr. Windham' observed) had been said abotit "Norwich and Yarmouth having .shown their .itidtpUtidenc,e ; but he confessed he found it 'dif ficult 'to learn what was, meant by such an expres sion;'as'applied to those places--unless, indeed, a display of Mdependenceconsisted in turning out the old Members, and ele:ling new ones, in,like man ner he himself, four - years ago, had been served, to make room for•the . Gentleman who has now, in IA turn, been dismissed. .But. be hoped, "%rlfen . Gentlemen - talked of the independence of the Coun ty,' it would be on a very different understanding. He hoped that their attention on thiS subject would be direled to' guard against the inroads made upon it by the influence of Individuals. .Mr. Windham then 'proceeded to , natice, so me instances, of ,undue and perverted exercises of ! authority on the part of certain Magistrates and Cmurnissioners of Taies in the opposite interest : and he observed, that,"witli , respect to the influence of Govern'ment; - oti'i.hich :so much .stress had been laid, be was convinced, that, 'even were it exerted_to.the utmost, it must; in 'a .taunt} contest; be confined to very narrow limits, lie Wished to God the Country was liable t be as ' little affected by - the influence ; of individuals. Mr. Windham. next adverted: to .the argument Which had' been 'tigeclby, a Learned Gentleman (Mr. Jon drily who-had urged as an additional reason for_ pronouncing' him (Mr, 'Windham) 'to be an impro per,iierson - for the. County *presentation, that, it, was'probable it might be His Majesty's 'pleasure, hereafter, to call him to a still higher place in his •Councils, in which event he would necessari)y va 7 ate n his seat, and the County would be once more thrown into conifusion ; so that at that rate,ltrwould be improper :to elea any person who .it was at all I probable would be called upon. by ths 'King for, hi's 'services. But surely' the .14:at:tied Gentleman,.,` When. he expressed such anxiety for. the preservation Of the tranquillity of the County did not take - into consideration, that;by eleaing the sons . of Peers, the Constituents were exposed , fo,the consequences of mortality, not only in the person of 'the,son, but of the father also: Mr.. Windham, after speaking in terMS-of great respea of the three higher orders of the 'community in this tountry e the the . Gentry, , ind the Clergy, took occasion - to pay a most distinguished 'encomium on the Yeomanry ; a class 'of men, fie said, who, possessed more of the free and genuine English - character, than any other ; and he regarded it as not too mt;ch to say, that in no part of England was that character so purely inherited anti upheld, as by the. Yeomanry of,: Norfolk.'2 Of, the good ,will and support of that branch of the Free holders he was highly ambitious.; they Were the men least liable to: be touched by Ministerial influ ence, and it was tcythem be particularly ad dressed. himself—He • rearetted the disadvantages - he 'was utider 'from the Hon. Colonel having bad the start of'him in canvassing, at ,the - same time stating,that froM the moment - Sir Jacob Astley's intention of resigning was intimated, not a moment had been lost on his part. This circumstance, however, he, added, would make sticcess, should it attend him, Indre - sattsfaaory and gratifying; and .be a conso lation, on the other hand , by rendering. disappoint ' , tnent less' mortifying. He was determined there fore to try 'the event to the utmost, and 'although be might fail of attaining the great object of his wishes, still, from the flattering share, to which .he bad already found himself admitted, in that affec tionate:attachment which all ranks . of the 'Free holders- bore' towards 'his Hon. Friend (me. Coke,) he felt himself fully just ified in believing,' that te should ever Continue-to stand. well in the opinion of the County of Norfolk. • . - The Duke of YORK arrived at Windsor 6.6 Satin -7- ' I day morning, 'and transacted business v. ith his MA JESTY; afterwards. rode. with his MAJESTY and ' PRimcpssEs, &c. as. did the Duke of KENT. The . Duke .of YORK. left Windsor -in the evening,' for Datlands and the Duke of Kent .for London. . . "I"ester'day noon a, Russian Messenger arrived ' at , .`Baron NICOLAI'S house with dispatches from St. Petersburgh. He was also the bearer of dispatches ' froni Mr. STEWART, the Britigl Seeretary.of Lega tion at that Court. The Messenger came by the way of Gottenburgh. . . ' Although .all the official accounts have not yet . a rrived from India in tae form - required by A& of parliament, yet the outlines have been received by, the Court of Dire&ors, and present a favourable pic ture of their affairs. The most vigilant and effeaual measures have :been taken by the Magistracy of Bow-street, for se curing-henceforward tranquillity and good 'order at the hustings during the eleEtion. The Play forthcoming at Covent Garden Theatre, entitled Adrian and Ofilla ; or, A Mother's Kw . . geance, is the produelion. of Mr. Dimorm. j.un. It was to. have been called The Mountains of Saxony. . ' The music incidental to the Pie - cc comes from KELLY and ATWOOD,. Mr. WALSH PORTER fur-. 1 1 .. nishes the Epilogue.,. . ESTMINSrER ELECTION, • , • The ii'senibiage bn Saturday before the HUstings was searcely.so humerous as on the former days. Indeed the peoPle seemed to bagye •exhausted them selves. There was a• great deal of noise,.as usual; but,lllevoeiteration during the early part of the day was ' by no means so constant or loud. Mr. Pauli's friends. had before maintained a decided sitperierity both as to noise:‘ and numbers—on Saturday thee& vantage appeared rather to' be on the side of the other Candidates. A sailor, who had stationed him self within a few Yards of Sir Samuel Hood, occa sioned a. great deal - of mirth among the crowd, by the singularity of his 'observations. He had got hold of some printed and written papers, Which be set himself to read aloud with great perseverance„ His efforts in spelling, and his remarks on the State, appeared to be highly.'entertaining to those who were nearest to him. He expressed his opinion that there could be no doubt athe success of his - Noble Commander ; " for, , d'ye see," said he, " a sailor .must always succeed against a lubber of a• tailor or a cobbler." Sir Samuel Hood's flagS, which were carried several times through the crowd, were re-. ceived with inuch.applause. .Some, however, called out " No Treasurer of the Navy';" to which excla mation, OtherS replied, that those who would have • no Treasurer of the Navy would probably dispense with the Navy itself. At the close of the poll the numbers Were as follow : For Sir S. Hoop,: . poz-, Mr. PAULL 2658 Mr. SHE.RIDAN - 2424 • Mr. BRITTEN, in the absence of Mr. Peter Moore, 'addressed the Eleaers in behalf of Mr. Sheridan. Considerable oppoSition was made to him at first. He requested, however, to be heard. It had been asserted, that no Court Candidate bad a .title to the votes of the Ele&ors of Westminster. But he was no Court Candidate, nor was he in any degree in-. fluenced by the Court ; .they might, therefore, at least allow him a patient hearing. He then spoke • in the Highest terms of the.. talents and .public con- . du& of Mr. Sheridan, who, during the whole of his parliamentary career, had been •the steady and determined sepporter,,Of the Constitution 'and the Rights of the People: • :It had been said that none • were freernep who : did, not vote for Mr. Paull. Suelvan assertion could only proceed upon the ab surd. suppositlon that men in office were to' be 'op posed whether`right or,wrong.' But Mr. Sheridan had ,proved,,' in the course of an naive life, that offite Was •iit) consideration with' him, when put in cqmpetition With his principles. Mr. Paull had little claim on 'the score Of experience, and still.less in ; point 'of :talents. It was impossil* that any, rational end' reflecting freeman could the pre ference to Mr. Paull over. Mr. Sheridan:' ;This would be to 'clap an extinguisher on' the sun, and . supply- its place with a rush-light. The gallant mural, Sir Samuel Hood, had fought the battles of his Country. Those..only who had 'witnessed the: situation of a Country which' was, the . seat• of war ,could form "a competent idea of the horrord.vattend ing such a.,situation. That thiS' 'Country had , not been' the seat- of war was owing to .Our sailors Were -the guardians of our peace, our.la),v,ss and our liberties: - This consideration' pointed; out the claims 'Df the gallant Admiral, and certainly:no tonour.'or benefit that could be .eonferred could • exceed theilesert; a a •brave,;iiiii; itairC; fed skilful Naval Officer. This speech was received 'witli•con -siderable applausb:••• • . Sir SAMUEL HC;OD: was_ prel'c i iited from ,proceed in-g-fer some time by the elamonrs of'Mr. yauit,'s! friends. ,He called .out •to the ' people to. listen to him for a few Minutes; 'but - the noise still continued.; then said that they were afraid to hear him, as he might tell theM•' • Sorne plain truths. Howeo4 the stateect he poll was the best proof of the opinion pf the people and. of -their attachment to the Con , ,•• -• stitution. 'The good sense of the 'City of West: minster had showed itself in opposition to the efforts of•the faalous and the discontented. He. returned his best thanks to the'Eleadrs for their exertions in his favour. He requested them to. continue those exertions, and as soon as possible put an end to the hopes of thefaaious, if they still retained any. • Mr. PAina. then•stepped forward.-- 4, He thanked. his aninadiis friends • for the able support which 'they had given him, aridcomplained of the obstruaions and riotous condna of his opponents.. This, how ever, was the most melancholy day the Court Can, didate bad experienced, for with all the influence •of Government and of Carlton House, • and after two -sleepless days and nights, one of them still remain;' ed far behind •hitn on the poll., In .spite of the in-: famouS coalition that had been• formed, fia majority would bt'much increased on , Monday. He corn plaine*ci bitterly of the condu& of the Member for Coventry 'Who came there purposely to insult him, and the Eleaors. That person had long been, to his knowedp, soliciting a situation .in Bengal; ariCil in Order to gain the favour of Government, he,eame• 'thereio calumniate him and the Independent Elec tors of Westminster. He had not said that . 3009 votes might be. purchased with ,as many pots of porter. Another person bad said so, but he:had not even piotnised one pot of porter. He con cluded by soliciting the continued exertions of his friends. He,would keep thepoll cpen to the last, and preMised 'that on Monday he . would bring up 800 voters.—rA constant clamour was kept ,up durinrc 'this speech by the friends of the. different • parties.] This concluded the business, of the 6th day. On .Saturday last the Eleetion came on at T.re= cony, in Cornwall,. for two Burgesses to 'represent that BOroughin Parliament. .The Candidates were, JOHN NicnOti,S, Esq. a former • Member for this town,- and JONATHAN MILES, Esq. Sheriff of dOn, on the independent interest, ,supported by Mr. _MIDDLECOAT ; and GODFREY WENTWORTH, Esq. and`Co)onel O'CALLAHAN, on the `interest of :the., Earl ,of,DAttpiNGTON, • the nominal proprietors of the Borough.. The Poll continued three days; at the final close the nuMbeis'i. - vere; for JoiiN I`.;itonoi.Ls, Esq. - - 113 M:. Sheriff MILES - • - -• 113 GODFREY WENT WORTH ; Esq. - 102 Colonel O'CALLAII AN - 102 1 , The Mayor rejected twenty-five votes,' most of them the old established EleCtors of the t3orough, fQf Nictiot.Ls and MILES, and returned WENTWORTH and O'CALLAHAN, Which Will be productive of a Petition 'to Parliament and actions against the lie- wrotng Otlicer, on the part of the re,j(..,-Iva voters. LAW EEPOR7'. COURT 01: COMMON PLEAS, SATuluini, 'GILLET V. DIAWVIAN - . •.• • . Serjefint SllErllqlp applied for a,rnle to slie.w cause why the verdial in tltiasasethould not be set aside s . and a new trial ,granted. The action was broUght fora considerable sum of money due for work and labour as a 7 Printen The 'detenee , set up _ was, that the greater part of the account; was for printing part Of a work - which avid never beerfinish ed, or delivered to thc , Defendant—but which, with the papers which it was to be printed; and which had been sent by the Defendant, had been consumed by 'fire before the Plaintiff quitted the possession cif it. AS to the other park or the account, a setoff was claimed, on account of paper delivered by the Defendant to the Plaintiff, for the work in question, and for other works to be printed for him ; which , paper the Plaintiff v - as bound, by the praCtice of the - trade, and by agreement with the Defendant; to in sure. Whether he had insured the property or not, the Learned Counsel , maintained, baying re- ceived 50001. &Om the Insurance Office, on account of the insurance executed or intended to be exe- ' • cuted by him, it was, to the extent of the value.of the Defendant's paper, SQ much money had acid re ceived on hiS account - and-for his own use. There were actually two questions hefOre the Jury a the • one was, whether the Plaintiff was entitled to pay ment for the work executed•by him, but not finish ed, or delivered to the Defendant ? The other, if the Plaintiff was not bound to insure, -and, if he failed to insure;- if he was not still responsible for the paper sent to him by the Defendant, anti con- . sumed by tbefire )• In support, of the first of these - positions, the Plaintiff undertook to slim, that the Defendant: had kept the work longer in hand than s he ought to have done,' and of course.'had trans ferred the burden of keeping it froM the Plaintiff to himself. lii this, however, he was t - ,o far: nn= . " successful, that - the:author of the work - swore that no improper delay - had taken place ;.,that it was' a work - (Anacharsia's Travels) which' necessarily. required .some, delay ; and that the airendant • was :not responsible for any delay which had taken place. That the Plaintiff Was•hOt"bound to insure the paper' entrusted to him, he also endeaVoured to spew, by addneing,Mr. Stockdaleas. a Witaessto this dicta; and also' Mr.' Bensley,•- the , Printer. Sat for, how- .. ever, , horn supporting' the Plaintiff's case, •Mr. Stockdale deolared, thatcit now was / prilaiCe' to insure, but that it had not been so till within these eight or ten years,,whenahtn, , ing suffered consider- ably by Hamilton, the Printer, who had promised to paper; who had failed to uo so„ and who wasinSolvent; hee-had resolVed in future to in sure his property Ititnattif: ~The works to Which, I• , , ..uensley alludda %Vete also work•s of great value, - Bible, anal Bowyer's 'History, of r.Elslaod,, which it would have been ridieurdns to fshppase'fbe proprietors 'should entrust to theintair ance of Printers. The :Deter dart, din • the 'other hand, 'on the: •trial, addecedaiiieVidence*, a G.2' Tan to whoni the Plaintiff, subsequent. to the Pre„ had shown his-pocket-hook, in wit'.ch'weite -. inserted' flfeithina - ,s •he wished .to , nave acid of which I,k'i),:per aitiestion'was one. "Aisci-t that the. Plai ntiff had intia - med hind' that Mr. Day, of the Insur . - 'afWe 'whom'he had supposed. not to - , be his fiiend a had, proved the, ,best triend he had, in advia •ing -him pa ..to .state in his account of kiss, the goods Which he had in trust, bUt merely to state his "own • proaei't . , Jo these circumstanceS, the Leat nett Ser jeant cone ivied there - could be no doubt that the. Coats wOuld grant a new trial. „ •. . The Jury : found a verdict for the Plaintiff for the whole work perfcirmed by him, though nut deliver ed to the • Defendant,: And also, that, the,Plaintiff • was not bound to insure the- paper entrusted to biM by the Defendant s . , - . s Lord Chief Justice MANSFIELD was of opinion, on the trial, that neither - side had come prepared with the proper evidence. - The Plaintiff had not sub stantiated; or rather- had failed irf - proVing, the two points . which he had , wished to establish..- But .yet the Defendant had it in.his potter to have subs4an tiated, Which he also tailed to do, the great ,point, that the printers were the insurers of the paper en - -, a trusted. to. them. The _evidence of- Mr. St .ekdalea a that printers had promisedto •hirn.to insure his pa. per, ,and had a rtatt., - in consequence Of _which he 114, become. his 'own insurerio far front seeming to him conclusive that , such insurance was pot a burden. on .the printer, struck. him in a!different light, and seemed :rather ! to -p - gue, that but for the want Of faith which - ; booksellers were, by experience, iughtto haVeln 'the printers,' that was the rule of ataing. Mr. Ser3eant VAUGHAti said, the Defendant could not produce.one solitary instance of a Printer paying such a , • . . .LcIID CLIIEF JUSTlCE.—Neither cap, the Plaintiff any instance of a bookseller paying for printing work not Aelivered to him, ~but burnt Mille in the custody of the Printer.. 'The Rule was accordingly granted. 'The , Duchess of BRUNSWICK OELS has arrived at Hamburg - 11, with .a crowd of Pritssian and Saxon fugitives of distinction. - • . Most of the' French troops in Upper Italy and Venice havemarched to nples - ,, where the - Insut- gentscontinue unsubaued ; and, it 'is said; on some recent occasions, have..been vieaorions. . , . Bow -S.ittEE . r..M . q!,/cock and Pope, the supposed murderers of .'Mrs. Mary Pooley, in the Borough, 'have heen'fidly committed by Mr. GRAIIAIBI for ' trial. Abstaining froth' all details of ex • parte evi deuce, we shall only say that the circumstances, and the testimony of the accomplice, Pope, makestrong .ly against the prisoner Maycock. . - CORN .EXCHANGE,. NOV. 10.—The arrivals of Wheat. to-day are ver y , considerable, the trade is n - very heavy of sale, ne sample scarcely support the price, , and Sec'ond and inferior qualities ate 3s. and • 4s. per quatter "lower ; of Barley there - , is -a large supply, and, extepting.fine, it is cheaper . ; in Malt or Bean's but small variation ; White Pease 4s. dearer ; the fresh arrivals of Oats are very numerous, and this article'is quoted cheaper ; Flour as under. Wheat sos a 64s azs Oft I;e3US ... . Rye °• - ‘- 405 a 44s f'd 44$ a 50$ 0A . . -Fi n e ditto - , 84s a S7s a'. Tick Beans 3L a 455 Oft O a ts 22S a 26$ a 3os od . 13 aricY - ' -. 4 0 * 3Os od Poland ditto 32$ a 335 ad ;Wilt . - , 72s a 78s ad Rape Seed 5 21. 281. os. od of bite Pease " lios a :NBs ad kin,: f lour 7os a 75$ od i; teyditto 46$ a 52s od Seconds - 65$ a 7.5 ad 411IDDLESEX ELECTION.. Tuis morning - . the EleCtion for the COZnity of commenced. It would be an, insult to the good sense,as well as to the loyalty and patriot ism, Of the EleCtors, to -suppose, that after , the sentiments professed by Sir'FRA: BURDETT, he has chance of success. Of the result of the Eleetion: there cannot be any doubt ; but we .wish that'Sir FRANCIS BURDETT may be reieaedin so marked a manner that neither he nor any person professing; the same principles may ever .again_venture dis grace the 'County ot _M t ddlesex.with their preten-; lions. NORFOLK NOMINATION. As we gave but a brief sketch of the 141e.etirtkin this occasion, %yellow present our Readers wittittit ore detailed account of Mr:.WIN nu Am's,reeCti\i tir'Aftetc, observing, that if the purport ofthe Meeting hadtak&P its natural and. proper course he should have had few words to say;:he proceeded to rernArk, that topics had been introduced partly of a personal nature, and partly arising out of-the situation which he had the honour to bold in His Majesty's Councils, which demanded an animadversion on his part. He said, if it were in any,degree considered necessary, in there , commendation to4timself, to lay stress on those consi- 1 . clerations . Which might be thoug l ht to qualify hi Ili for the station' for .which lie now ,offered himself, he might call to the recollection of Gentlemen, that he was a native of the Cotinty-of a family long inhabitants of, and proprietors in it—as having formerly held a command in its provincial force--and as having:for many years performed the duty of a Parliagaerttary Representative for the City in which they,thAinc4 , 1-fe Might alto speak of himself as havingiklien considerable part, both in and out of _Parliament, as well in office as in an individual capacity, in ell. the public transactions of the last thirty years. — With respect to his political conduet -and opinions; be was in the same situation with every other public. eharader, who really had, and openly professed,. opinfons of-their own, necessarily liable to bb proved by sortie and disapproved by others—or he would rather say,- that the approbation of one class of men must, as a consequence, bring down:the displeasure of another. such discussions, he thought; were ill , calculated for the present occasion, since they must inevitably give rise to endless disputes, without the hope of any satisfaaory result, and al ways' leaving, even to the pa rt y which may seem to have the best of the' argu ment, the possibility of being in the wrong. He should content himself, therefore, with observing on that head, that his o‘in condua was before the country for, their jucipient, and take the liberty of suggesting, .that the ,proper question in cases ,sitnilar to that he was now placed 412-w