The evening times., 1897-06-12
EVIDENCE FOR FANCIULL|
Continued from First Page

The first witness for the defendant was
| Mr.. Theodore Sevenhuysen. who stated
| that he played the baritone saAaphoue in
the Marine Band. He knew Prof. Fanci-
| ulIi as leader of the band, and had been a
| member OF the band for four years
| .'Do you know Lieut.. Draper began
| Mr.. Hay.
The witness answered in the affirIna-
/ tive. .r....
do you know Lieut.. McGill:.''
Yes, SIR
did you meet them on May 81, and
| when aud y heDe?''7
Il saw Lieut. Draper commanding the
parade. and Lieut., McGill commanding
| company. l was with the band that day"
state what selections OF music were
played
The march '0ld Hickory also 'Semper
Fidelis aud El Captain, by Suusa and uneby
FanCiulh. They are good marches and are
frequently played.
Did you SEE Lieut. Draper approach the
leader Of the band?'
NO, sir, but saw him after he had ap-
preached the lcader.''
''DId you hear the lieutenant acCost the
leader
Il did near Lieut. McGill SPEAK 10 the
leader in low tone OF voice. Oh ieCtng
To the kind Of music played, bat 1 II not
remember the exact words To the best OF
my knowledge the leader said that he
thought ne was the best Judge in the selec-
tion of the music"
Please relate what you know about
the incident
Lieut.. McGil brought Lieut. Draper TO
MI. FanCiuIli Thelcader said that ne him
self Thought ne was the best Judge of tie
music, whergupon Lieut.. Draper stated
that he was in command, and wante,t such
music played as he might order. Mr.. Fan
CIulh said something in reply, and then
Lieut.. Draper told him that If he lid not
play the music that was ordered he would
send him back to the barracks. Lieut.
Draper then placed Mr.. FanCulli under
arrest y
How many ofthe band Were W ithin hear
ing distance of this?" Mr. Hay asked. The
witness replied, Seven or eight" He
thought any one of the band could hear
what Lieut.. d Taper said to Mr.. FanciulH
what was the manner of Mr.. Fanruli
toward the offiCer?'
1t was, as far as could see, a respect
full manner He also made salutation to
Lieut. ID rapcr when he approached"
what was the professors tone of voice
in speaking to Lieut.. Draper"
"A soft tone of voice
What was the bearing and derneanoT of
the band leader during this interview
Il think it was entirely respect full
Though his voice vibrated little. yetit was
soft and mild
speak in a disrespectful manner TO his
superior officerS?'
Il have not"
did Mr.. FanCiuIIi refuse to play the
music when ordered by Lieut.. Draper?''
asked Recorder Lowe, in croSs-eXaminatiOn.
Il think he did, but could not say dis
tinctly, because 1 did not know what Lieut.
Draper ordered the leader to play"
what did Lieut.. Draper say to him in
regard to music?'' continued Mr Lowe.
Before Lieut.. Draper said anything, re-
piled the Witness "Mr. Fanciulli said that
he would select the music, or something to
that effect, whereupon Lieut. Draper said
that he wanted such music played as he
should select
What did Mr.. Fanciulh say in reply"''
Il don't remember
'Why do you not remember the words of
the band leader?''
Because they were said in too low a
tone to be heard
Have you been told by any one not to
repeat what Mr., Fanciull said?''
mo, SIR
In redirect examination Mr. Hay asked
witness if he rad heard Fanciull refuse
to obey any orders IF Lieut..
Draper, and witness replied: Mr.
Fancuilli refused to play the music that
Lieut.. Draper wished played, and SAID he
thought that he himself was the best Judge
He concluded by lying that he was sure
that he did not hea the leader say anything
after he had been placed under arrest
The court then adjourned and reas-
sembled at 1:3O O'Clock.
The second witness for the defense was
Henry Werres, musician attached TO the
Marine Band
In direct examination by Mr.. Hay he
stated that he has known Lieut. McGill for
about a year and has known Lieut. Draper
since May 81. He was on duty with the
band during the parade.
did you hear Lieut.. McGill accost the |
band leader"
Il did"
what were the words used?'
He said; L don't want anyd-clarionet |
solos,,
Relate the entire incident exactly as |
It occurred in your presence
Lieut.. McGill approached Mr.. Fanciull |
and aske.l for a march book, and began u |
select marches that should be played
'tThereupon Mr. Fanciuih saluted Lieut.. |
NcGill, and remarked: 'sSir, L am the |