g to the _Red Eric_ struggling in the water.

Such was the substance of the evidence of the harpooner, and neither
cross-examination nor re-cross-examination by Mr Tooth, the counsel for
the defendant, could induce Tim Rokens to modify, alter, omit, or
contradict one iota of what he had said.

It must not be supposed, however, that all of the men gave their
evidence so clearly or so well. The captain did, though he was somewhat
nervous, and the doctor did, and Glynn did. But that of Nikel Sling was
unsatisfactory, in consequence of his being unable to repress his
natural tendency to exaggeration. Tarquin also did harm; for, in his
spite against the crew of the _Termagant_, he made statements which were
not true, and his credit as a witness was therefore totally destroyed.

Last of all came Jim Scroggles, who, after being solemnly sworn, deposed
that he was between thirty-five and thirty-six years of age, on hearing
which Gurney said "Oh!" with peculiar emphasis, and the people laughed,
and the judge cried "Silence," and the examination went on. After some
time Mr Tooth rose to cross-question Jim Scroggles, who happened to be
a nervous man in public, and was gradually getting confused and angry.

"Now, my man, please to be particular in your replies," said Mr Tooth,
pushing up his spectacles on his forehead, thrusting his hands into his
trousers pockets, and staring very hard at Jim. "You said that you
pulled the second oar from the bow on the day in which the whale was
killed."

"Yes."

"Are you quite sure of that? Was it not the _third_ oar, now?"

"Yes or no," interrupted Mr Tooth.

"It's so long since--"

"Yes or no," repeated Mr Tooth.

"Yes," roared Scroggles, forgetting at the moment, in his confusion and
indignation at not being allowed to speak, in what manner the question
had been put.

"Yes," echoed Mr Tooth, addressing the judge, but looking at the jury.
"You will observe, gentlemen. Would your lordship be so good as to note
that? This witness, on that very particular occasion, when every point
in the circumstances must naturally have been impressed deeply on the
memories of all present, appears to have been so confused as not to know
which oar of the boat he pulled. So, my man" (turning to the witness),
"it appears evident that either you are now mis-stating the facts of the
case or were then incapable of judging of them."

Jim Scroggles felt inclined to leap out of the witness-box, an