“I’m agreeing with the Judge Advocate, as to his distinction about the admissibility of the testimony on the ground of its not being technically what is called hearsay evidence,” he observed; “but a difficulty suggests itself to my mind touching the pairtenency.  A witness is sworn to speak to the point before the court; but he is not sworn to discuss all things in heaven and airth.  Now, is it pairtenent to the fact of Rawl Eevart’s being a spy, that he made sairtain agreements to met this or that fellow-creature, in this or that place?  Now, as I comprehend the law, it divides all questions into two great classes, the pairtenent and the impairtenent, of which the first are legal and the second illegal.”

“I think it would be a great piece of audacity,” said Sir Frederick, disdainfully, “for such a fellow as this Bolt to pretend to call any question we can put him, impertinent!”

“That’s no just the p’int, Sir Frederick; this being altogether a matter of law, while ye’ll be thinking of station and etiquette.  Then, there’s two classes of the pairtenent, and two of the impairtenent; one being legal and logical, as it might be, and the other conventional and civil, as one may say.  There’s a nice distinction, latent, between the two.”

“I believe the court is of opinion that the question may be put,” observed Cuffe, who was impatient of the Scotchman’s subtleties, bowing to Sir Frederick, to ask an acquiescence which he immediately received.  “We will re-open the doors, and proceed in the examination.”

“The court is of opinion, witness,” resumed the Judge Advocate, when every one was in his place again, “that you must answer the question.  In order that you may understand it, I will now repeat it.  Where was it agreed between Raoul Yvard and his people, that they should meet again?”

“I do not think the people of the lugger had anything to say in the matter,” answered Ithuel, in the most unmoved manner.  “If they had, I knew nothing on’t.”

The court felt embarrassed; but as it would never do to be thwarted in this manner, a look of determination was exchanged between the members, and the examination proceeded.

“If not the people, the officers, then.  Where was it agreed between the prisoner and his officers, that the former should find the lugger, when he returned from his expedition into the Bay?”

“Well, now, gentlemen,” answered Ithuel, turning his quid from one cheek into the other, “I some conclude you’ve no great acquaintance with Captain Rule, a’ter all.  He is not apt to enter into any agreements at all.  What he wants done, he orders; and what he orders, must be done.”

“What did he order, then, as respects the place where the lugger was to wait for his return?”

“I am sorry to be troublesome, please the court,” returned the witness, with admirable self-possession; “but law is law, all over the world, and I rather guess this question is ag’in it.  In the Granite State, it is always held, when a thing can be proved by the person who said any particular words, that the question must be put to him, and not to a bystander.”