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 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: