And _Fielding_, in _Tom Jones_, makes _Partridge_ say, with great _naiveté_, after premising that judge _Page_ was a very brave man, and a man of great wit, "It is indeed charming sport to hear trials on life and death!" [A] Sir _Philip Yorke_, chief justice of the King's Bench, afterwards lord-chancellor and earl _Hardwicke_. [B] Sir _John Comyns_, chief baron of the Exchequer. [C] Hon. _William Fortescue_, then one of the justices of the court of Common Pleas, afterwards master of the Rolls. [D] "When _Page_ one uncorrupted finger shows." D. of WHARTON. [23] The truth and propriety of these strictures having been disputed by an ingenious correspondent in the _Public Advertiser_, his letter, with remarks on it, is subjoined by way of appendix to the present work. In this place performances of such a length would have interrupted the narrative respecting _Hogarth_ and his productions. See Appendix I. [24] In co'i Banco. WILLIAM HOGARTH, Plaintiff. JOSHUA MORRIS, Defendant. _Middlesex._ The Plaintiff declares, that on the 20th of _December_, 1727, at _Westminster_ aforesaid, Defendant was indebted to him 30 _l_. for painter's work, and for divers materials laid out for the said work; which Defendant faithfully promised to pay when demanded. Plaintiff also declares, that Defendant promised to pay for the said work and other materials, as much as the same was worth; and Plaintiff in fact says the same was worth other 30 _l_. Plaintiff also declares for another sum of 30 _l_ for money laid out and expended for Defendant's use, which he promised to pay. The said Defendant not performing his several promises, the Plaintiff hath brought this action to his damage 30 _l_. for which this action is brought. To which the Defendant hath pleaded _non assumpsit_ and thereupon issue is joined. CASE. The Defendant is an upholsterer and tapestry-worker, and was recommended to Plaintiff as a person skilful in painting patterns for that purpose; the Plaintiff accordingly came to Defendant, who informing him that he had occasion for a tapestry design of the Element of Earth, to be painted on canvas, Plaintiff told Defendant he was well skilled in painting that way, and promised to perform it in a workmanlike manner; which if he did, Defendant undertook to pay him for it twenty guineas. Defendant, soon after, hearing that Plaintiff was an engraver, and no painter, was very uneasy about the work, and ordered his servant to go and acquaint Plaintiff what he had heard; and Plaintiff then told the said servant, 'that it was a bold undertaking, for that he never did any thing of that kind before; and that, if his master did not like it, he should not pay for it.'