"Why, yes, I suppose he is," answered Fred. "But I guess it's a mere form. The fact that the prisoner didn't finally get away will count in his favor. It's like baseball. An error is an error, but if the man who ought to be out at first gets put out when he tries to steal second the error is harmless. It's no credit to Rabig that a bullet got the man he let escape, but it's lucky for him just the same."

It was evident that Anderson had no suspicion that Rabig had been guilty of anything but carelessness, and the boys carefully refrained from saying anything about what they had gathered from their observation the day before. But when they were alone together they had no hesitation about speaking their minds.

"Some fellows could commit murder and get away with it," grumbled Tom.

"Cheer up, you old grouch," chaffed Billy. "At any rate the prisoner didn't escape, and so there's no harm done."

"And if Rabig is guilty he's got nothing from it but a sore head," put in Bart.

"I don't feel dead sure that Rabig helped him," said Frank, "and yet the more I think it over, the more I'm inclined to think that Tom is right about it. Still, Rabig's entitled to the benefit of the doubt. I know how the Scotch jury felt when they brought in the verdict: 'Not guilty, but don't do it again.'"

"That's just what I'm afraid Rabig will do," said Tom. "This time luckily it didn't matter. The prisoner didn't escape. But if Rabig is a traitor, how do we know but what the next time he might do something that might cause a defeat?"

"It does make one uneasy," agreed Bart. "Nick in the regiment is like a splinter in the finger. It makes you sore. But we'll keep our eyes open and the very next crooked move he makes it will be curtains for him."

"Or taps," added Billy.

The fighting now had lost the first intensity that had signalized the day of the mine explosion. The Germans had been strongly reinforced, and had held their third line, which had now become their first.