The times., 1897-06-17
FANCIULLI FOUND GUILTY
Sentence of the C0urt-MartiaI Dis
charge From the Service.
Indorsed by Col. Haywood Report
to Be Submitted to Acting
Secretary Roosevelt.

| Judge Advocate General LeinIey was
| handed the record in the court-rnartiaIcase
OF Prof Fanciulli yesterday afternoon.
Tie record shows that the court found
the leader of the Marine Band guilty OF
| the charges OF insuDordina ton preferred
! against him, and the sentence imposed
! was discharge from the service with
bad conduct discharge" The findings OF
| the court were indorsed fully by Col.
| Haywood, the coInmandant OF the Marine
| Corps.
In making this Endorsement, Col. Hey
wood says that. while Prof. FanciuIu s
| fense was OF tCo serious a character to
| be overlooked.
After the judge advocate general makes
| careful review of the record 10 ascertain
that the proceedings were correct. il
will be submitted to Acting Secretary
Roosevelt 1t is thought at the Navy
Department that MI Roosevelt will not
act in the case, but win leave it for
Secretary Long TO pass upon when he
returns from Boston.
The Secretary OF the Navy has the
power to set aside the findings OF the
the sentence. This right was given him
by general order issued by Secretary
Herbert, in May, 1893, for the purpose
OF guarding against excessive punishment
The order reads:
The attention of commanding officers
and of all officers liable to duty as mem
bers or summary courts martial is called
20 the frequency with which the nun
ishment of discharge from the service
with bad conduct discharge is inflicted
by such courts. Such punishment is ap-
propriate only to cases in which the
offeDse committed demonstrates the fact
that the accused is an unfit person to
remain III the naval service. and the depart
ment is OF the opinion that said sentence
should not be awarded to con tinuous service
men except in extreme cases, and then
only after careful inquiry as to the record
and length OF service OF the accused. In
formation on these points should also
be obtained and considered by the senior
officer present in determining whether
or not to approve a sentence involving
conduct discharge.
1t is believed by Prof. Fancialli's friends
that Secretary Long will disapprove of
the findings of the court. and simply repri-
mand him 1t is also und erstood that posi-
tive orders viii be given defining the
privileges Of band leaders in the naval
service i'll the future, aud thus settle the
question beyond all controversy.
The sentence of the tribunal would prob
ably not have been as severe as it was
were it not for the fact tha Prof. Fanciulli
insisted upon standing on his rights before
the court He conscientiously believed that
he had d perfect right to select the music
to be played by the band, though lie
said repeatedly he had no intention OF
being disrespectful to his superior officers
The general public, to a great extent,
shares the opinion held by the popular
handmaster. The members of the court.
however. though eachone personally greatly
admired Fanciuiii for mis- sterling cnaractsr
and wide musical knowledge, were of the
opinion that, according To- the rigid rules of
military discipline, severe sentence should
be imposed to prevent repetition of the
unfortunate occurrence in the future.