n as to the time of my leaving the Falcon on Friday
night.

Mr. Thomson, questioning him, asked:

"Do you know of any motive that the lad Ericson might have in
committing this crime? Was there any enmity between him and
Lothian?"

"Certainly not. How could ye think so, Mr. Thomson?" said my
skipper. "Why, Colin and Halcro were most friendly. It seems to me
ridiculous that anyone should ever suspect such a thing o' the
lad!"

Mr. Duke here rang his bell and told Macfarlane to bring in Tom
Kinlay.

It was a considerable time before Tom appeared, with the jailer at
his side, for he had to be brought out of the cell in which the
smugglers were imprisoned. As Flett went out, he came forward
slowly, looking pale and haggard. I noticed him start nervously as
Mr. Duke, putting forth his hand to take up his snuffbox, happened
to touch the gun.

There was some dispute between Bailie Duke and Bailie Thomson as to
which of them should first question Kinlay. But it was arranged
that Mr. Thomson should do so. He commenced by saying to Tom:

"You were taken in the North Gaulton Cave on Saturday, were you
not?"

But at this point Mr. Drever made an unexpected interruption.
Hitherto he had, during the proceedings, been quietly but busily
writing down the evidence, for use in the formal indictment which,
as I afterwards learned, Mr. Duke was to submit to the procurator
fiscal, whose deputy he was.

"Mr. Duke," said the dominie, "do you not think, in view of the
importance of Kinlay's evidence, that it is advisable to administer
the oath?"

"Ah! you're right, dominie; yes, certainly," said Mr. Duke.

"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
impressiv