Evening star., 1897-06-12

man. was swQrn al spoke perfect English
- He knew Frances Fanciuala, leader of the
"s' Has q a-P9 F3ne,un4 was in e,.rx. o, the
band which We'd thu marine corps detach:
msut: Lieut. Draper was In cesnnand and
4 Lieut. Magin wa. one Of the heutenants.
| The witaess ldestfIbed the music played
from the bGfkscte to 18th and Psnnsyl-
| vania avenue on the day in question. The
| numbers wore ,thote frequently played and
were rated aEarst-class marches.
with Prof. g3kncsEai at 18th and Pennsyi-
vania avenu$ Hf heard some Of the con-
| yersation. He @wtlss near the participants.
What was sAtd yak spoken In a loud tone.
Lieu Lieut.; MaghGspoka about the march music
State the exact words that were used. i"
| The fact is. don't remember the exact
to be that Lieutenant Magill ordered Fam
cfulh to play different music''
| What did Mr.. Fanciulli say?' asked
| Mr.. Hay.
He said he thought he was the best
| judge in the selection of the music"
Mr.. Hay then asked the witness to tell
| In his own words everything that occurred.
| SeYeuhuysen- said that Lieutenant Msgill
returned with Lieutenant Draper, and both
\ of them looked over the music book.
| "Fanciulh told Lieut.. Draper that he
would select the marches himself, said the
witness. 'whereupon Lieut.. Draper stated
| that he was in command and that he
| wanted the music played which he called
for. Prof. Fanctuili answered something
after that in low tone of voice: l couldn't
hear 1t. After that Lieut.. Draper said: I'm
going to send you home II you don't play
the music call for After that what was
said could not understand
Witness said Lieut.. Draper left. and then
returned and placed the leader under ar
rest.
Witness did not hear the response Of
Fanciuln to Lieut. Draper after Fanciulh
Z l11k
present at the time Of the occurrence: prob
ably six or seven members Of the band
were within hearing Of Lieut.. Draper. but
FanciulH spoke In lower tone.
Fanciuln was standing at attention in
respectful manner, as far as witness could
judge. when addressing Lieut.. Draper. He
saluted Lieut. Draper.
Professor Fanltulli's tone Of voice was
very soft, said the, witness. The interview
between him and the lieutenant lasted q
very few minutes. Fanciul1is bearing and
demeanor was respectful. Fanctuifs voice.
while soft. somewhat vibrated with his
emotion. but his manner was respectful.
Witness had never known Leader Fanct-
ulli to be disrespectful to a superior officer
This closed the direct examination Of the
witness. and Recorder Liowe began his
cross-examination.
In reply to q question II he had ever
heard Fanctulh speak in other than a soft
voice. witness said he had heard him use
loud tone at band rehearsals. Witness
could not remember the leaders exact
words to Lieutenant Draper. He said he
would select the music which he should
judge was best. Witness was asked II he
knew why Professor FanciulIi was dis
mtssed from the parade.
He sail he did not know positively. and
was not allowed to state his supposittons
Oh the subject.
Did Mr.. Fanciu1h refuse TO obey Lieut..
Draper's orders regarding the music?"
i think he did. l couldn't say that he
did. did not know what Lieut.. Draper
had - hAvr Tk
that the lcaderiof the band was the best
Judge Of the n.,nsic the band should play"
witness containing. said that before
Lieut. Drapes said anything to Fanciulh
the. music f5r fhe band to play Then
Lieut.. Draper stated that he was in COM
h1and. and wautat music Of another. char
aeter playedd saying; by the Gods, you'll
What did Fancfuln say then?"
II don't know"
why do Hyor remember what Lieut.
Draper said .7andi 1fail to remember what
Fanciuli safa?' inquired the recorder.
Lieut.. Draper spoke in loud tone Of
voice." was the reply. Il did not hear ex-
actiy what MI 'Fanciuili said after Lieut.
Recorder Laows asked several other aues-
tions with ajgtew to refreshing the mem
ory OF witness on this point. but without
Have younbeeDraol by any one not ITO
repeat what Mr.. iFanciulh said on that oc-
asion" seunried Recorder Love- :.
No. sin. ;" was the reply. ID.
AFTER several other questions were asked
Recorder L1owe put ,. direct one. 80
Did you hear Prof. Fanciullt refuse TO
obey any. orders. Of Lieutenant DraperY'
he inquired. 80 Il 80. ~. =
The witness paused several moments. and
then after apparently deep thought replied:
mo, SIR .-..--. .-r
Witness was then asked what he under
stood by an order. and said that anything
superior officer asked OF an Inferior was
an order.
He then qualified his former answer, say
ing: ..-
""Mr. Fanciuin refused to play music as
he was leader Of the band. and as leader
that he was the best Judge of what should
be played by the band"
Witness did not hear Fanciulli say, after
Lieutenant Draper said he would order him
under arrest. DO It: do it." Witness
heard Fanctuln say nothing after this re-
mark Of Lieutenant Draper.
There were no further question:, and the
witness, after having hts testimony read
to him. was excused.
The court then. at 1 o'clock, took q re-
cess until l 80.
Very Important Witness.
The first witness called after recess was
Henry p. Werres. a musician In the Marine
Band. In reply to Mr.. Hays question. he
said he knew Lieut.. Draper by sight He
was In the parade May 81 He had known
Lieut. MagiIl about year He saw both
officers in the parade on that day Witness
receted the names Of the airs played from
the barracks to 18th street and Pennsyl-
vania avenue.
Witness saw Lieut. MagfIl approach
Leader FanciulH at 18th street and Penn
sylvania avenue. and heard Lieut.. Masin
say. as near as he could remember:
81 don't want any more Of your ID
c1arionet solos,. or words to that effcct.
Witness said there was no immediate re-
sponse from the leader.
please relate what then occurred" said
Mr.. Hay.
After addressing Mr.. Fanciuli," said the
witness, Lieutenant Magin approached q
musician Of the band and asked him for
his book OF marches. Mr.. Magili then pro-
ceeded to select the marches that should
be played. Thereupon Mr.. FanciuIIi sa-
luted Lieutenant Mag1ll and said I am
leader of the band and / take It as my
place to select the music to be played.
Lieutenant Magin. thereupon left. and in a
few moments returned with Lieutenant
Draper. Lieutenant Draper essayed to
pick out the music to be played"
The witness continued, saying that while
the officers were looking at the march book
Mr.. FancfulN saluted Lieutenant Draner