Evening star., 1897-06-11

Lieutenant McGill to the accused, directing
him to inform the accused that the char
acter of the music must be changed.
Lieutenant McGill returned very quickly
and replied to me that the accused would
Only play such music as he saw fit, or
words to that effect.
Il then went to the accused with Lieut.
McGill. On arriving within two or three
feet of the accused, and before saying any
thing to him, he informed me that the band
would only pay such music as he directed
This statement was repeated more than
once. I called the attention of the accused
to the fact that l was his commanding Off
Ger, and he would obey any orders saw fit
to give him, words to that effect He
then turned to one of the bandsmen. say
ing. You will play only such music as
tell you.
II then informed the accused that 1
should place him under arrest, and he re-
Piled DO it! Do it" This was all said in a
grossly disrespectful tone and manner and
regard his appeal to another member of
the band against my authority as mutt
nous"
Mr. Hays Objection.
Mr.. Hay objected to this as an opinion
and rot as a fact.
1T is a fact said Lieut.. Draper, en-
phatically.
The court was cleared, and the objection
of Mr.. Hay was sustained.
Prof Fa1ciulli's term of enlistment in
the marine corps expires in October. He
now ranks as a sergeant.
The Witness Continucs
The testimony was struck out back to
the actual occurrence, and Lieut.. Draper
continuing, said.
Owing to this disrespcct and refusal to
obey my orders 1 relieved the accused from
duty and ordered him to report at the
marine barracks headquarters under ar
T., IA
81, 1897. That's all, gentlemen.
Did this all occur in publc?" asked
Lieut.. Karmany
YES, it all occurred in the street"
Mr.. Hay, who was addressed as "Colonef'
by the recorder was asked if he had any
questions to propound, and proceeded to
examine the witness. He made his ques-
tions in writing.
Lieutenant Draper said he had never been
on regular duty at marine headquarters.
He was on temporary duty there only on
the 3lst of May. 1t was the first military
relationship he had had in any manner
with Prof. Fanciuli. Witness first ap-
preached the leader to ask a change in
the time OF music somewhere about ~
street.
The manner of the accused at that time
was perfectly respectful. The bad marc h
ing and the bad alignment was in wit
ness opinion, entirely attributable to the
music.
WAS the tune and cadence not changed
Immediately after your request?" asked
MIR. Hay.
1T was changed for one piece of music
Only" replied Lieut.. Draper
What was the piece?
Il think it was Sousa's Ell Capitan'
Ihat is my opinion. l am not certain. 1t
might turn out to be sonnet hing else But
to the best OF my knowledge it was Eel
Captain 1t was played soon after l made
The request
Other questions were asked about the
various tunes which followed 'Il Captain
Il don't know" said the witness, "any-
thing about the numbers of the program
Lieut.. McGiIrs Orders.
Did you request Lieut.. McGin to order
the change while the music was being
played or after it had ceased 2" asked Mr..
HAY.
LAS I remember 1 directed Lieut.. Nc
Gill to give the order after the command
had halted at Pennsylvania avenue ana
18th street." was Lieut.. Draper's reply
In reply to further questions Lieutenant
Draper said he did not hear Lieutenant
McGill make the request of Fanciuli CT
see him approach Fanciuili to make it, or
hear the professor make any response 10
the lieutenant. After Lieutenant McGill
had reported to the witness the latter an
preached the accused.
did not the accused salute you each
time before responding to your questions"
queried Mr. Hay.
uoH hiON, was tIe reply.
rs this The first time you have ever had
an interview with Mr.. Fanciulli?"
The witness said he included the con-
versations of the morning of May 81 to-
gether There had been no interview be-
fore that day between himself and the
accused.
The offense of Prof Fanciulu, said wit
ness, in reply to a direct question of Mr..
Hays, was both in language and manner.
His manner was disrespectful in his bear
ing and in the emphatic manner in which
the accused declared the orders of witness
would not be obeyed. Mr.. Hay inquired if
Prof. Fanciulli was not the director of the
Marine Band.
He is the leader of It," replied the wit
ness.
Does he not select the music?''
Il don't know"
rs the music not arranged in the form
of a program for a parade?"
Il don't know.
Mr.. Hay returned to the subject of Fan
ciulli's manner and bearing, and the wit
Eess declared again that it was disrespect-
full. He said that Prof. Fanciulli had car
ried himself as though the band was en-
tirey under his direction and subject to the
orders of no one but himself
AT 2:3j o'clock The Stars report closed
with Lieut. Draper still on the stand