Evening star., 1897-06-12
Bandmaster Fanoiulli's Trial by Sum-
mary Court martial.
LIEUTENANT MAaILL GIVES EVIDENCE
Bandsmen State Their Version Of
the Alleged Insubordiaation.
PROCEEDINGS TODAY

The summary court-marttai before which
Prof. F. Fanciulli. leader Of the Marine
Band, Is being tried for insutordnation re-
convened at the marine barracks at 10
o'clock this. morning. The examination of
Lieut.. Lewis j. Maefll, who took the stand
yesterday after Lieutenant Draper had
concluded full report of whose testimony
was published in The Evening Star, was
Continued.
Lieutenant Magill yesterday corroborated
the testimony Of Lieutenant Draper re-
garding the occ ccurrences on Memorial day
in connection with the music played by the
band and the events leading up to and
including the placing Of Professor Fanciulli
under arrest
The lieutenant said he had never known
the band leader to disobey an order before.
In answer to a question by Mr.. Hay, Lieut..
Magill was uncertain whether or not he
had said to Prof. Fanciulli. I'VE want no
more Of your damned clarinet solos,"
He thought. however, that he had not
This closed his examination yesterday. and
when he resumed the stand this morning,
after Recorder Liowe had read the min
utes Of yesterdays proceedings, he was
placed under redirect examination by Re-
corder LloWe.
In answer to questions Lieut. Magfn said
mat when he approa ched the accused the
first time he told him he (AIaSilD had been
authorized to speak to him about the
music.
What language did Prof Fanciulli use
In his reply to your asked the recorder
He stated that the band would NAV
only such music as he, Fanciuli, directed,
and Mr.. Fanciulli turned toward the mu-
sician nearest him. Repetti, and said that
the band was to play oaly such music as he
directed"
Did you hear Lieut. Draper give Prof
Fanciuin any order perscEally:'
did Lieut.. Draper directed Mr. Fan
ciulli to play different class Of music"
This closed Lieut.. Magill's redirect exam
ination. and Mr.. Hay interrogated him.
Did you use Lieut. Drapers name when
you first approached Mr.. Fanciulli?"
L am not sure when first spoke. but /
certainly did during the conversation"
''D:d you not say we do not want this sort
of music and subsequently use Lieut..
Drapers name"
Perhaps did. but the sequence was that
Lieut.. Draper's order was given"
Was Lieut.. Draper's speech to Prof.
Fanciulii request. a direction or an order?
Those are three words"
1T might have been any one OF them.
A request or direction from a senior to a
Junior Is considered equivalent to an ORDER"
replied Lieut.. Magill.
In the subsequent interview between
Lieut. Draper and Prof. Fanciulli witness
said he was merely q listener.
THAT Is ALL" said Mr.. Hay.
Bandman ROmer on the Stand.
The next witness called was Henry
Romer. a private in the marine corps at
tached to the Marine Band. stationed at
the marine barracks in Washington.
Romer was asked whether he heard any
ct MYERS alton between Lieut.. Draper and
Fanciulli May 81. He said he heard moth
ing that he could remember exactly. When
the hand halted Lieut.. Magiil came to
Prof. Fsnciulli and told him the band was
rot playing satisfactory music. .
Mr.. Hay noted an objection to recital
Of statements passing between Lieut.. Ma
gill and the accused and the conduct of the
accused toward Lieut. Magiil. because the
specification alleged disrespectful condnct
to Lieut.. Draper. f'-.+
Recorder Lowe read the transcript OF
Lieut. Magilis testimony. and at the con-
clusion Of this recital the lieutenant was
excused.
The court was cleared and 1t was decided
to strike out Mr.. Hays objection alto
gether. The witness resumed his testi-
mony. 1t was difficult thing for the court
and attorneys to understand him. Hts
English was poor and his embarrassment
intense. While he was foundering away.
being made every moment more embar-
rassed by the tits between Recorder Llowe
and Mr. Hay. the recorder created much
amusement by remarking that he would
like to have chance at the witness out
side for few moments Mr.. Hay added
to the fun by admitting that he had been
unable to get anything out of Romer. Re
corder Lowe said he did not intend by his
remark any adoption Of methods contrary
to court regulations but witness had made
statements previously which he seemed to
be unable to remember now.
Lieut. Karmany suggested contumacy
on the part Of Romer. but this was not
pressed.
The witness was asked at Last what he
had heard Lieut.. Draper say. He did not
hear anything He heard Professor Fan
ciulh say nothing to Lieut.. Draper At last
he was relieved Of further Interrogation by
Recorder Llowe and turned over to Mr.
hay.
what instrument do you play in the
band?" asked Mr.. Hay.
"Cornet," was the reply.
"Cornet." repeated Mr.. Hay refectively.
"oh,h-h- Do you always walk beside the
band leader?''
"Yes SIR replied Romer.
Did you see the commanding officer ap-
proach the band leader at Az street?"
No, SIR"
What was the order of the music on
that day? What was the first air played?'
"'Old Hickory the first one in the book
THE next?"
'Semper Fidells.'"
What was the nextr'
"The next was one of Fanciulli's marches
/ cannot remember what 1t was"
And the next" said Mr. Hay.
Eel CAPTAIN" said the witness.
How do these airs rank as marches?'
queried the attorney.
VERY good" was the prompt response
The witness was then asked II Lieut..
Draper spoke to Prof. FanciulH at Az
street. He said he did not know. Witness
remembered. however. that Lieut.. Magill
came to Prof. Fanciulli at 18th street and
Pennsylvania avenue. He spoke to Fan
clulh. saying the music was not satisfac-
tory and took the music book the leader
had. He opened II and looked at It, looked
at the marches: did not know what he did
with the book after he went back to the
commanding officer and returned with the
latter.
What did Prof. Fanciulli say to Lieut.
MagilI?' inquired Mr.. Hay.
"Mr. Fanolulii said: Lieutenant, I pick
out the hest music 1 got I couldn't see
them very well because the crowd had
pushed in on the band to find out what
was the matter"
He could not tell what was Mr. Fam
ciul!fs manner. He didn't hear a loud
word from Mr.. Fanciulli. who spoke low
and slowly. Witness noticed that one time
Mr.. Fanciulli saluted his superior officer
Did not fear what Fanciulii said to Lieut.
Draper.
On redirect examination the witness said
he had teen in the band since 1880.
'fDO Won understand EngHsb Derfootlv