Melbourne, Nov. 10, 'The four-day match between' the MCC. and Vietotia. ended to-day in a draw after the home team, in reply to the visitors: first-inning score of 'M4, had carried their overnight total of "M4 for five wickets to. 304, all ut, and had taken three wickets' for 96 runs in the BMLC.C's second In-ings, The: final position was:
_, When he called his witness, he continued, counsel for the defence objected that anything that occurred in the Gurdwara was irrelevant, as the Becused were charged with, assault, end not with conspiracy; the Reg: gistrar agreed. Mr. Reeks submitted that the evidence was relevant as it Jed up to the assault, and it was in order to call such evidence as a proof of identity, The Registrar, however, maintained that anything that occurred at any place other than Miller Road was irrelevant, and he would "not hear it.
Mr. Reeks then quoted from Phipson on "Bvidence," pages, 49, 50-3, fas to the relevancy of evidence, and its admissibility. Anything that went, to prove the assault was. relevant, providing It did not transgress certain well-known rules,"
"It is reprehensible for a judge to sallow evidence when he does not know what: t is. T submit the learn-9 trial judge ough: to have admitted that evidence," he continued, for by its in admission hus clients had been deprived of sil their civil remedies. Anything that a man did or said before an act was evidence going to establish a prima facie case proving that he did or did not perform that act. Anything that went to prove that the defendants had intentions of committing an assault on the com: Plainants was evidence that they did commit the assault (the actual fact of which could not be denied, os his clients had been severely injured).
Chief Justice MacGregor asked Mr. Reeks whether this evidence would be suMclent to Identify the actual men concerned out of"the parly of forty Indians participating in the enray, Re-Trial Asked For Reeks said il would be, If the who had called for "volunteers" could be identified with those who taken part in the assault Itself; in a summary trial who aided trid abetted was charged as a principal. He therefore asked for a retrial, which he submitted they were entitied 0 order, after touching briefly on one oF tivo further: techni al points.
"Your second point impresses us, Mr. Revks," said Judge Grant Jones, but the Court could find no authority for ordering a \re-trial in the case i question among the Rules of the Court, Mr. Hartopp, called upon to deal with the second point of the appeal only, said that certain evidence tendered and the decision of th 'ME, in Amazing Collapse Sydney, -NS.W., Nov, 14, An amazing collapse by the M.C.C. was the feature of the second day's play in the four-day match between the tourists and New South Wales. As a result, the home team were in a trong position the close, when the scores were: thig South - Wales—213 and 122 for The Englishmen, whose overnight. score stood at one run for no wicket, made a fairly good start this morning, but after. the luncheon interval they struck a bad patch, during which they lost seven wickets in 46 minutes for an addition of only 68 runs. They actually lost five wickets for eighteen rung in half an hour.
'Mudge, who made his debut first-class cricket only' this was mainly responsible for the col-Japse of the Englishmen. Coming on after the adjournment, he took six wickets for 42 runs in twelve overs, three of which were maidens.
Of the tourists' total of 153, Barnett, the Gloucester opening bat,' made 70 in an innings lasting 143° minutes, while Hammond, who was stumped by Oldfeld off Mudge, contributed 39, G. ©, Allen, the English skipper, was out first ball. 5 ORellly, the Australian google bowler, took three of the remaining four wickets for 53. The other vie-tim was claimed by White, who gave away eighteen runs in the process. Hynes and MeGllvray also. bowled, but without success. Each gave away, Stumps were drawa carlier than usual to-day -owing to bad light. A crowd of witnessed 20,000 spectators the English debacle—Reuter, cso had been made out. The Reg: Istrar clearly did not believe the witlesses, and even if some eons evidence had been allowed, Mr. Hartopp submitted it would not have made any difference, as the Registrar did' not believe.the witnesses: were telling the truth, "He did not know what this witness might have said," interposed Chief Justice MacGregor. "He stopped him! The point is, was he coreet in excluding the evidence which would have been given?"
Mr. Hartopp again brought forward the point that the Registrar had clearly intimated that he did not be-Neve the witnesses.
"He might have been the one truthful man" remarking—Chief Justice MacGregor,.referring to the witness who was not called, Mr. Hartopp submitted that compininants' counsel, if he relied uch upon this evidence, should ther have told the Registrar that he could not continue with his case, "Very Dangerous Thing"
"That would have been a very dangerous thing for him to dor commented Chief Justice MacGregor, Me, Hartopp further submitted thai even if the evidence had been admit fed, It would only have proved a charge of conspiracy, and the scoused were not charged with that, He felt the Registrar was right in excluding the evidence. "He had. no authority for saying thal, beyond the record of the trial that the Registrar did. not Believe the witness ity?" replied Judge' Grant Jones, "it "Speaking enlirery without author
seems to me. the evidence "wes relevant"
"Then what is the practical result? asked Mr, Hertopp, "The Court of Geimlnal Appea cannot order 8 new Sudge Grant Jones said the matter would have to be considered as they were placed In a very dificult posi tion in view of an apparent conflict
Mr. Vielor Priestwood, the Crown Advocate, asked If he could say anything in his capacity of amiens curie, replied:—"I admit that evidence which fends to show that the accused Fersons committed the offence is rle-'That is what we think, on present authority" commented Judge Grant jones.
Text read from the printed page and cleaned; old type leaves the occasional error.