The times., 1897-06-23
PROF.. FAhcIULL| SET FREE
Assistant Secretary Roosevelt
Puts Aside the Verdict.
| REPRIMAND SUBSTITUTED
The Marine Bandmaster's Baton
Restored With Warning Must
fjcers at the Barracks Censure
the Press for Its Attitude.

Acting Secretary Roosevelt yesterday
rendered a decision that viii meet popular
approval and receive general cofnmenda-
ton from all civilians and many members
OF the Navy. The decision was important
to the citizens of the country generally,
and OF Washington particularly, because
lar leader OF the Marine Band, Prof.
Francesca Fanciulli.
The circumstances connected with Prof.
Fanculli's arrest on Decoration Day are
familiar to all, his offense consisting sim.
ply of having insisted that he had a ght
to select the music his band was to play
white on parade. Lieut.. Draper, the com
mantiing officer, asserted that he had no
such right, and, upon Fanciulli's further
declaration that tlie band would play only y
the music he selected, the professor was
arrested. tried by conrt-inartial and con-
victe1 and senteHced to discharge from
the service, with bad conduct discharge" "
This sentence of the court-martial was
approved by F. II. Harrington, aptain
United States Marine Corps. comma nder
Mariae Barracks, and by Col. Charles
Haywood, United States Marine Corps,
and senior officer present
The record OF the court wassent to Act
ing Secretary Roosevelt, who referred tito
the Judge advocate general in the usual
manner. After a careful consideration of
the record the judge advocate general sei.t
his recommendations TO Acting Secretary
Roosevelt, say wing, in part, as he reviewed
the evidence:
In view of the evidence, and par
ticuiarly in Consideration OF Fanciuh's 5
excellent record, as attested by various
witnesses, and especially by his cOlIlmand-
ing officer, both in his testimony before
the court and i'll his Endorsement upon the
record l recommend that in this ease,
as in similar instances of like sentence
heretofore, where good previous conduct
was shown, the sentence be set aside /
further recommend, however, that in com
municating to the colonel conimandant OF
the Marine Corps the Department. action
in the premises, if the sentence be set
aside, he be instructed to fully inform an
ciuli as to his duties, and especially that
he is, upon the occasion OF a military
parade, entirely subject In every par
,icular to the orders or the comuantiilg
Officer Of such parade, whom f,e must inn
phcity obey ana treat with respeci.'
In setting aside the finding OF the court
Acting Secretary Roosevelt said:
Navy Department,
"Washingto June2i / S9T
AFTER a careful considera ton Of the
record of the summary courtuartial in
the foregoing case of Francesca Fanciulli,
leader of the United States Marine Band,
and of the memorandum of the judge ad-
vocate general in rela ton thereto, l concur
In the recommendations made by that Off
Ger as 10 the disposition to be made OF
the case The sentence is, accordingly,
set aside.
1T is a matter of the greatest regret to
the depa rtment that there appears to be
no other actinn open to IL In this case than
TO execute or set aside the sentence imposed
by the court, since the law provides for no
mitigation thereof failure to obey the
orders of a superior officer is in no wise %
he tolerated; and almost any less ssntence,
even though very severe, would hAve been
approved by the department. but taking
all the circumstances OF the case into con-
sideration the Department feels that the
position OF the judge advocate general Ii
correct. aad that this is not case In which
the final penalty should he inflicted
" Faneinlii viii he fully informed by the
colonel cpmmendant as to his duties. and
will he given to understand once for al
that he is, upon the occasion OF military
parade, entirely subject IN every particular
to the commanding officer Of such parade,
whom he must, of course. implicitly obey
and treat with proper respect No plea OF
misunderstanding will again be considered
under any circumstances
IT. ROOSEVELT,
Acting Secretary"
When Capt Harrington was asked if
he had received word OF the decision ar
rived at by the War Department, he re-
fused absolutely to make any statement
whatever. He scored The Times roundly
for the articles it had published concern
ing the case, and was very much lncensed
at one of it's recent editorials
Col. Haywood was found at his desk
examining some shoes for tie men. When
the same queries were propounded to him
as were put 10 Capt. Harrin gton lie said:
81 know nothing whatever OF this case,
since il left the barracks. We have re-
ceived no new of a reversal of the courts
Judgment, nor do know when such an ur-
der win arrive. am very much displeased
with one Of the editorials printed by The
Times this week as do not think it does
justice to the officers of the barracks i
don't see how this matter concerns the
papers, anyhow. 1t is merely a disobe IL
ence ofour rules, and we must preserve III s.
cipline by all n.eans.''
AL of the officers Of the corps seem to
take umhrage at the position taken by the
press, and several Of them claim that the
papers have taken up the wrong side of
the case 10 ia claimed also that the
newspapers have made more of the matter
than was necessary.