The evening times. [volume] (Washington, D.C.) 1895-1902, 1897-06-22
Assistant Secretary Roosevelt
Sets Aside the Verdict.
HIS GOOD RECORD SAVED HIN
Informed. However. That He Must
Render Implicit Obedience 10 His
superior Officers-Officers at the
BarTacks CensuFe The Times for
Its Stand in the Matter.


aside the verdict in the case Of Prof Fan
ciulli, sentenced TO discharge fron the
service, with bad conduct discharge"
This sentence OF the court-martiaI was
approved 10y r. H. Harrington, cap, ain
United States Marine Corps, comma nder
Marine Barracks. and 10y Col Charles
Haywood. United States Marine Corps,
and senior officer present. In approving
tie findings OF the court Col. Haywood
said:
In approving the proceedings and SEN
tcnce OF the court in the case Of Francisco
Fanciuni. the undersigned desires to sta te
ar follows: While the record OF the ac-
cused during current enlistment, from the
foregoing statement OF his comu.an nding
officer, appears to be good, the offenses
for which he Gas been tried and convicted
are OF such ID very grave nature as ID show,
in the opinion of the Undersigned, the un-
fitness OF Francisco Fanciulli for further
service in the Marine Corps.
An enlisted man, WHO after four years
and seven months service, fails TO ap-
pIeCiate the fnsJ military pIincples-Oi-e-
d;enCc To The orders Of and respect for
a superior of Ger, who was at the time
his commanding officer, is hardly fit
for the important duty assigned him as
leader Of the Land.
His acknowledged con duct TO tie com
mandnG officer Of the detachment, First
Lieut. II. L. Diaper, on the occasion was
grossly diSuhedisnt and dSrespectful, and
the example he set TO the enl sted men of
the b7nd suiyersive OF all q scipline. The
strict maintenance of disc pline froIa
its earliest history has placed the
Marine Corps in the front rank Of
the military establishment OF the Gov.
eminent, ami all Officers ana enlisted
mcu are Eeld to obedience TO this
old tradition, which has earned Tor the
corps tnc right to its motto OF: 'SemTer
Fidel.s.'
tSignedD CHARLES HAYWOOD,
United states Marine Corps. and Senior
ufricer Present
The record OF the court was sent 70 Act
ing Secretary Roosevelt. who referred it to
tIc judge advocate general in the usual
manner. After careful consideration OF
the record the Judge advocate general sent
his recommendations 10 Acting Sc, ictary
Roosevelt, saying. IN part, as he reviewed
the evidence:
First, tHat while on public duty, under
the command OF First Lieut.. Herbert L.
Draper, United States Marine Corps. be
was, on the 51st Of May, 1897, diSrespect
ful tn said Draper in lanGua Sc and depOrt-
ment: and,
Second, that On the same occasion he did
refuse To obey the lawful orders Of said
Draper, who was then and there in the
discharge OF his duty.
"Tbeo0urf found The specinca ton proved
and sentenced Fanciulli to discharge from
the service. with bad-conduot dischA -ge.' q"
Judge Advocate General Lemley ,cCnuEu
ing, says: Both allegations. viz. dis
respect u Lieut.. Draper. and refusal TO
obey his orders are sustained beyond a rea-
SoEahle doubt. TheGrcumstances surround
lng the case are the following.
First. the provoking words toward Fan
ciullj, as shown hy the record, by tnc com
msndiug offccr, Lieut. Draper. and oy the
officer sccoad IN command, Lieut. MagIlI,
though not altogether stripping FanCUili's
orfcnscs OF their gravity. must necessarily
in some measure relieve them thereof
''Second, the fact that FaaciulIi appears.
as shown by his testimony. 10 have under
stood, from instructions previously given
him by the colonel COumduuant. that he
had the right TO arrange the program and
select the music, and that he based his line
Of conduct upon such Instructions
in view Of all the foregoing, and par
ticularly in con nsidcratiou Of Fanciu!n's
excellent record, As atteSted by various
witnesses, and especially by his command
ing officer, both in his testimony before
the court ard in hi indorSciment upon the
record recommend that in this case
a. in similar instances Of Ike sentence
heretofore, where good previous conduct
was shown, the sentence be set aside |
further recniumen however, that in com
municating to the colonel Cenimandant OF
the Marine Corps the Departments action
in the premises, II the sentence be set
aside. he be instructed to fully inform Fan
Ciulh to his duties, and especially that
he IS. upon the occasion Of a military
parade, entirely subject in every par
IculdT - the orders OF the commanIilg
officer Of such parade, whom he must inn
pHcity obey and treat with respect
In setting aside the finding OF tie court
Acting Secretary Roosevelt said:
Navy Department.
washington, June2l,
After careful consideration of the
record Of the summary court-nIartiaI ia
the foregoing case OF Francisco Fanciulli,
leader OF the United States Marine Band.