"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: