The times., 1897-06-11
FANCIULLI 70 BE TRIED
Marine Band Leader Ordered Be,
fore a Summary Court.
Decoration Day Incident to BE In
vestigated-D Disrespect 10 a S.
perior Officer Charged.

Bandmaster f Fanciulli, of the United States
Marine Band, viii appear before SUM-
mary court, which VIII convene at the
Marine Barracks at IL d. III. today, to
try the specifications preferred against
him by Lieut. Draper Because OF the
proximity OF this event, Prof. Fanciulli re-
turned To confinement yesterday morning
that is, confinement within the barracks
He is not locked up and is sub jected to no
physical discomfort.
AS has been frequently told, Prof. Fan
ciulll was ordered under arrest by Lieut..
Draper, commanding a detachment of
marines, On Decoration Day. The reason
for the arrest was that Prof. Fanciuili re-
fused to direct the Marine Band 10 play
the character of music which Lieut..
Draper desired. Pref. Fanciulli returned
TO the barracks, where he was sInply re
stricted,' that is, he was not allowed TO
leave the Enclosure. The day before the
departure of the Marine Band for P;lila
delpha, where it participated in the eere-
monies attending the opening of The
Museum Of Commerce, Prof. Fanciulli was
released pending investigation OF Tie Incl
dent
Lieut. Draper, the complainant, rendered
his report of the incident To Col. Haywood,
comm andant OF the barracks, who re-
ferrcd il 20 Capt. Harrington for investiga-
ton After due and careful considera-
ton, the last-named officer ordered u
summary court, and notified BandmaSter
Fanciulh that his release was at an end
and that he would have to return TO CON
finement within the barracks
summary court is composed Of three
Officers not below the rank OF ensign, and
recorder. The Jurisdiction of this court
is limited aad 1t differs in many particulars
from a general court the maximum
penalty which may impose is a sentence
Of dIshonorable discharge from the service.
IL may impose a sentence of solitary con-
fnement for Al term not exceeding thirty
days 1t may sentence a mau to solitary
confinement either In single or double irons
for Thirty days and during this character
of confinement the diet OF the prisoner is
apt to be but bread and water. 1t may
also impose as light sentence as The
performance of extra police duties.
The exact specification against Band
master Fanciulli is that he was "1isre
spectful in manner and department to
ward d superior officer For gross "f-
fense of this character the maximum pen
atty may be inflicted, but thisis not likely
In the case OF Prof Fanciulli
Col. E. B. Hay has been retained as
counsel for Prof. FanciUlli. Mr.. Hay is
a fayorite, personally, at the barracks,
and will put up a strong plea for leniency.
The personnel of the court viii be Capt
GoodreIl, Capt Denny. Lieut. KamanyIa
and Lieut.. Lowe as recorder.
Prof. Fanciull was sleeping peacefully
In a soft white bed when a reporter for
The Times called at the barracks last
nj ght Earlier IN the evening he had had
an interview with his COUNSEL, at which
conference it was understood that 1t was
decided to enter plea of guilty. There
is no unKind feeling on the part OF the
officers toward Prof. Fanciulh, and pri-
vately they believe that he erred unin-
tenionally