"No, no," objected Bailie Thomson. "Why should this witness be treated differently from the others?" "Mr. Drever is right, Thomson," said Mr. Duke. "We must have the oath." "I see no reason for it," said Bailie Thomson. "This is not a formal or judicial inquiry; it is a simple precognition of witnesses." "I think, Mr. Thomson," mildly interposed the schoolmaster, "that you will see a little later on the necessity of it. Besides, you must remember that Kinlay is already a prisoner on two separate charges." "Yes," said Mr. Duke, "both for smuggling and for having contravened the law of treasure trove." Then addressing Tom Kinlay he said: "Thomas Kinlay, you will now hold up your right hand and repeat these words distinctly after me." Kinlay raised his hand above his head and repeated the solemn and impressive words of our Scotch adjuration: "I swear by Almighty God, as I shall answer to God at the great day of judgment, that I will tell the truth, the whole truth, and nothing but the truth. So help me, God!" When this was done Mr. Duke leaned back in his chair and said: "Now, Mr. Thomson, if you please." "You were taken in the cave of Gaulton on Saturday, were you not?" repeated Mr. Thomson, addressing Tom. Tom sullenly answered "Yes." "Now, tell us," the bailie continued, "when you entered that cave with your father and the crew of the St. Magnus, whom did you find there?" Tom had first seen me when I was taken down to the cutter's boat, and no doubt he had believed that it was I who had guided the revenue men to the cavern. He, therefore, grasped at the interpretation implied by the bailie's question, and, whether intentionally or not, suppressed the fact that he was himself in the cave before the smugglers arrived, he merely said: "We didna find anybody in the cave." "That is strange," said Mr. Thomson. "Then you saw nothing of Ericson in the cave?" "Nothing, sir, until I saw him in the Clasper's pinnace." "Of course we are to understand," observed Bailie Duke, "that Ericson might hide in the cave without being discovered by the smugglers. Lieutenant Fox had better be questioned about his manner of arresting the lad;" and he looked towards the officer. Mr. Fox bent forward in his chair and said: "I first saw Ericson in the cave when, as I believe, he saved my life by knocking a pistol from Carver Kinlay's hand. I believe the lad was in there before the crew of the St. Magnus." "Then that is proof sufficient that Ericson was hiding," said Mr. Thomson with an air of triumph. "Halcro! come forward, will you?" said Mr. Duke, "and stand beside Kinlay." I did as he requested, and then I was required to take the oath as Kinlay had taken it. Mr. Thomson looked satisfied.