Evening star., 1897-06-11
His Accuser Gives Testimony Before
a Summary Court Martial.
LIEUTENANT DRAPER ON TIE STAND
Proceedings of an Interesting Case
at Marine Barracks.
INCIDENTS OF THE DAY

a summary court-martal, composed of
Capt. NJ. c. Goodrel, Capt. F. L. Denny,
Lieut.. l.. karmany, with Lieut.. T. II.
Llowe as recorder
The specific ations upon which he was ar
raigned was refusing to obey orders from
a superior officer and insubordination in
manner" These were drawn up by Capt.
Harrington upon reports submitted to him
upon the subject of the occurrence.
The circumstances leading up to the trial
are familiar to all Washington. May 81,
when Decoration day was celebrated, the
Marine Corps, stationed at the marine bar
racks in this city, and a detachment of
blue Jackets from the navy yard were or
dercd to participate. The men, headed by
the Marine Band. were under command of
Lieut.. H. l.. Draper.
The detachment was moved from the
barracks and had marched up PennSylva-
MA avenue to Wizards Hotel, where it
was a2''sd. Lieut.. Draper sent Leader
raLc1uIli, Dy Lieut.. McGill orders in ref
erenre to the character of the music he
desired to have played. Lieut.. McGili re-
poftta after carrying the order that Leader
Fancluili had been imrertinent and insub-
orulEate. The result was that Lieut.
Draper ordered Prof Fanciulli to return
at once to the marine barracks and report
himself under arrest. The leader did so,
ana the detachment proceeded to Arlington
for about thirty-six hours, though not in
carcerated. and was then released, and ac-
companied the band to Philadelphia, where
II participated in the Washington monu-
ment ceremonies. Capt. Frank H. Harring-
ton. commanding the Marine Corps in
Washington yesterday ordered the court
as described to meet this morning for the
purpose of deciding the question at issue.
AS Is customary in the service Prof Fan
c1ulli was again ordered under arrest. and
remained at the barracks last night
The Court Convcnes.
After the court convened there was
closed session of few moments. at which
1t was decided to hold the court with omen
doors.
when the specifications against Prof.
Fancidlli were examined an error was
found, and Ii became necessary for the
court to adjourn, in order to have the
papers returned to the proper authorities
ana the error rectified. The fault in :he
paper was that it failed to state INFINITELY.
as required by the regulation the time and
piaCe, when and where the ALLEGED offerso
occurred. a recess was. therefore, taken
technical fault ~
Ihe regulations governing summary
courts-martial provide that they NAV be
ordered upon petty officers and persons of
INFERIOR ratings by the commander of anv
vessel or by the comma ndant of anv navy
YARD, naval station or marine barracks
Ior the trial of such offenses which such
ciiicer may deem deserving of greater pun
lshneHt than such commander or com
mandant is authorized to inflict but no,
sufiiclent to require trial by genera,
court-martiaI
Inc regulations also provide that when a
nOn-commiSSioned officer, musician or nri-
Vate OF the Marine Corps is to be tried by a
summary court, it is deemed proper If the
exlsencies of the service will permit, tha.
one or more marine officers should be de-
tailed as members.
Capt. Harrinetons action in converting
the court SO suddenly was required by
clause 1751 of the regulations, which de-
clares: whenever an officer empowered
10 ORDER a summary court-martial decides
that a trial shall take place it Is his duty
TO convene the court with the least possible
delay
The members of the court are all marine
officers. Capt Goodrell and Lieut.. karmany
being line officers and Capt. Denny, who is
assistant quartermaster, of the staff.
Prof. Fanciulli was not attended by any
one when the court convened. The mem
bers of the court, the recorder, the pro-
fessor himself and two reporters were the
sole occupants Of the room.
Lieut.. Drnper's Testimony.
The court reconvened al / % and Mr.. E
B. Hay was present to represent Prof. Fan
ciUlli. The specifications charging Prof.
Fanciuli were read and the court members
were sworn by Lieut.. Lowe. Prof. Fan
ciulli said he had received a copy of the
specifications. The court was then for
mally organized and the specifications were
again Iead by the recorder They recited
that he had refused to obey the lawful
orders of his superior officer May 81, 1897
The prosecution was then commenced. The
first witness called was Lieut.. Robert L.
Draper. He was sworn and proceeded with
his testimony. Lieut.. Draper said he was
in command of the detachment of marines
and the Marine Band. ordered to duty in
connection with the Memorial day cele-
bration May 81, 1897. in this city and at
Arlington.
He knew F. Fanciulli, director of the
United States Marine Band. FanciulH left
on that day.
rs that satisfactory to the court?" in
Quired the witness.
Captain Goodrell nodded There was a
pause. Lieutenant Draper was watching 2
the recorder. Lieutenant Llowe, who was
transcribing his testimony, and waited for
him to record the testimony.
When asked to recite what occurred on
that day Mr.. Hay tnterpOSed q suggestion
that the question be made more detailed
The court decided that the story might
be told as the witness should remember
The specifications were again read and the
witness was asked to tell what he knew
about them.
His Story of the Incident.
May %. 1897" said Lieut. Draper. IT re-
COmman-
dant of the Marine CcrIs to report to the
commanding office at headquarters at 80
a m. May 81 as the officer detailed to COM
nisnd as aforesaid. I reported and receiv-
ed written order from the commanding
oTncer OF headquarters to take command Of
one company and the Marine Band and to
participate in the exercises. About san
O'Clock AIM" At this point Mr.. Hav
interposed to say that this matter was IT.
relevant.
Capt. Denny said it was necessary for
the reviewing board to have all the facts.
In marching" continued Lieutenant
Draper, Il noticed that the character of
the music furnished by the band was not
such as was. in my opinion the best kind
OF music for marching. Shortly after
passing the Peace monument I left INV
place In the column and went to the ac-
-cused personally and requested him to 90
change the music Of the band as would
enable the men to take full, swinging
military step. He acceded to this reoIest
for one piece. After this piece the music
was again of such a character that the
full step OF thirty inches and 12O steps
to the minute could not be maintained
Therefore the marching was bad and the
alignment was bad. On hating at 10th
atr nd