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.
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