Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-06-22
THE FANCIULLI CASE
Sentence of Dismissal Disapproved by
the Department.
SEVERE REPRIAAND SUBSTITUTED
Acting Secretary Roosevelt An
nounces the Official Decision.
X ECORD OF THE CASE

The action of the Navy Department in
me case OF Pref. FanciuIli, leader OF the
| Marine Band, was made public TO-DAY
| Prof Farciulli was convicted bv surr,ar,
| court-martial Of insubordinalion toward
Lieut. H. L. Draper, United States Marine
| otfps on decoration day, and sentenced to
| oiScharse from the service with bad con-
| duct discharge"
| assistant Secretary Roosevelt. who L.
aetlhg secretary Of the navy in the absence
OF secretary Long, has set aside the sem
tehce ana restored Pref Fanciulli to du,v
NJ pursuing this course however. he tool,
occasion TO administer a severe reprimana
TO Prof. Fanciuli.
| The specification of oro,.
| Professor FanoiulIi was convicted VIC a,
| follows: "ds as
| In that the said Francisco FanciuIr,
| leader of United States Marin. u.r, -,
! .acneu to and serving at the marine h.r-
| racks, Washington, District OF rol,,,al.;a
,.so maS. on me :'ist day Of May. 1897. while
| ieauer OF the United States Marine pand
On On public duty and under the command az
rrnst Lieutenant II. l.. Draper, United
states Marine Corps, .disrcspectful to Tho
| ~ ~saiu rrst lieutenant II. l.. Draper United
States Marine Corps in manner ,ni a.,
portment and did refuse to obey tb, law
Idi orders of First Lieutenant; IA. /. Ora
mansin.r '.u o,,;oa oia'es Marine Corps. his COM
IN the discharge of his official duty
The Endorsements.
The following was the Endorsement or
captain F. III. Harrington, L. 5. NJ. C.
| conmandant marine barracks Washing
Ton. d. C.. on the record Of the court:
| Inc accused, Francisco Fanciulii leader
CT the Marine Band, has been attached to
these marine barracks since November 1.
IS'-, ana was appointed leader OF the band
| as OF same date. From the records of this
| oiiice there are no previous offenses
| charged against him. The proceedings
| fndlngs and sentence i'm the foregoing case
OF Francisco Fanciulli are approved
| The next indorso ment in order was that
| or Col. Haywood, colonel comma ndant L.
| S. NJ. c., which was as follows:
HEADQt ARTERS, L. $. NJ. c..
June l6 1887
| I'm approving the proceedings and sem
| tence Of the court in the case of Francisco
Fanciulh, the undersigned desires to s;ata
as follows: While the record of the ac-
| cused during the current enlistment from
| the fore"oing statement Of his command
ing OFFICER, appears to re coed. the offenscs
| lor which he has been tried and corvictecr
are OF such very grave nature a. to show,
| IN the opinion of the undersigned the un-
| fitness of Francisco Fanoiull for further
service in the Marine Corps. An enlisted
| man who otter four years and seven
| months of service fails 10 appreciate ttc
| htst military Observation-Disclosures to the
| orders or and respect for a superior officer,
" Hc Was, at tnt tlfne. his comma nGing off,
cer-is hardly fit for the important duty
assigned to him as leader of the band. His
| acknowledged conduct to the commanding
officer OF the detachment. First Lieut. ii.
L. Draper the occasion was grossly
disobedient and d!srespectful and the ex.
ample he set to the enlisted men of the
| band was subversive of all discipline.
The strict maintenance of 6isctrlfne
| from its earliest history has placed th,,
Marine Corps in the front rank of The mil.
Try establshment of the government,
ana an ofhcers and enlisted men are held
| TO obedience to this OLD tradition which
| has earned for the corps the right to its
motto of 'Semper fiielis.'
. CHARLES HEywooD.
| ColCnel. Commandant L.. s. Marine Corns
and Senior Officer Present"
Capt. Lemly's Report.
| Capt s. c. Lemly. judge advocate gem
efal OF the navy. to whom the case was re-
ferred for review, made the follow ing re-
port:
Il have carefully examined the record
| OF proceedings of the summary court-mar-
| tlal In the foregoing case of Franc.sca
FanciulE leader of the u. S. Marine Rand
| ranclulii was tried by a summary court.
| martial convened by his commanding off,
| Ger, Capt. Francis III. Harrington. L. s.
| Marine Corps, commanding marine bar
| racks, Washington, upon a specification,
! preferred by that officer, containing two
distinct allesat tions, which may be summar.
lied as follows:
| Il That while en- public duty under tho
Command OF First Lieut.. Herbert L.
Draper. United States Marine Corps he
was the 31st day of Nav 1897 disre,
| spectful to said Draper in language and
| department; and,
-. That on the same occasion he did re.
fuse to obey the lawful orders of said
| Draper. who was then and there IN ths
| discharge of his duty.
The court found the specification prov.
| ed. and sentenced Fanciulli to discharge
from the service with bad condrct as
| charge
The proceedings and sentence in the case
| nave beer approved by the officer ordering
| the court and by the senior officer present
| uhe colonel commandaut of the m.rina
| corps). as required by article 33 of the ar
| ticles for the government of the navy.
The Prior Law.
Prior to May 3. 1895. no action upon such
case by the Secretary OF the Navy was
required. but the sentence of discharge
from the service with bad conduct dis
charge was executed upon approval by ths
senior officer present. There is, indeed.
even now no statutory provision reouir.
Ing the Secretarys action upon such sem
tences; but on the aforementioned date
the department. having previously, T. e.,
May ID. 1885. issued general order No. 4l3
calling attention to the frequency with
which the punishment of discharge from
| the service with bad conduct discharge
was inflicted by summary courts-martiaI
in cases where such sentence was NOT
deemed appropriate. and finding that said
order did not have the desired effect of
checking the evil referred to- issued a seq
ond order. No. 454. directing inter ALA an
follows:
that hereafter such sentence shall
not he carried into effect until an order
for discharge Ia received from the bureau
of navigation, or from the colonel COM
mandant. as the case may require. In
every instance where the above mentioned
sentence is imposed by a summary COURT
martial it shall be the duty Of the cons
vening authority. before acting upon the
proceedings. to spread upon the record a
brief synopsis OF the service of the person
tried and Of the offcnses committed by him
during his current enlistment
The provisions Of these orders, copies of
which are hereto attached. have been em-
bodied in the navy regulations, edition of
1885, vide articles 1867 and ITO.
The practice followed at the department
In such cases is to refer the record 10 the
bureau Of navigation or to the command
ant Of the marine corps, according az the
accused is an enlisted man In tho navy
or marine corps. for a statement OF his
services and for recommendation, inviting
attention to the general orders above men,