The times., 1897-06-12

tie StanU-Irtal Continued Today.
Prof. Fanciulli, the leader of the Marine
Band. who was placed under arrest ON
Memorial Day on the charge ofinsubordina-
tion, was placed on trial before summary
court-nlartial at the Marine Barracks yes
terday morning The summary court was
ordered by Capt Harrington, in accordance
with section 174S OF the regulations for
the government of the Navy of the United
states
A general court-martial is composed OF
| not less than seven nor more than thirteen
members, but summary court-martial, as
| in the present case, Is composed of three
| members and a recorder. The members OF
| thecourt are ali lofficersof the Marine Corps,
| namely, Capt. NJ. C. Goodwell and Lieut..
| L. Karmany, officers OF the line, and Capt
| F. l.. Denny, of the staff, who is assistant
| quartermaster Lieut. +. II Lowe acted as
| recorder.
| The specifications which accompany the
report of Lieut.. Draper are refusing TO
obey orders from a superior officer and
characterization in manner
| Prof Fanciuili was escorted to the trial
| room by his counsel, Col. Ed. B. Hay. The
| specifications We're read and acknowledged
| by the ,lefen dant, who said he was first APP
| prisedcf the specific charges about L O. o'clock
this morning.
| No one was present at the hearing, ex-
| cept the members of the court, Prof Fan
| clulli Col. Hay and the representatives or
the press. The Marine Band leader sat di-
| recuiy behind Lieut.. Lowe, the recorder
| The first witness was Lieut. Herbert
l.. Draper, who was sworn, and asked to
state everything within his knowledge
| as to the unfortunate occurrence of last
Decoration Day.
| Lieut. Draper detailed his order from the
| commandment to report to the commanding
| officer at headquarters at $50. on the
morning of Memorial Day. He was the
| officer detailed to command.
| "Inoticed that the character of the music
| furnishedbytneb band was not in myOpinion,
| the best Kind for marching.
"on hating at Fifteenth street and
| Pennsylvania avenue l sent Lieut McGill
| to the accused. directing him TO inform the
| accused that the character OF the music
| must be changed.
| Lieut.. McGin returned very quickly and
| reported to me that the accused would only
| play such music as he saw fit, or words 70
| that effect. ithen went To the accused with
Lieut.. McGll.
| ION arriving within two three feet
| OF the accused, and before saying any
| thing to him, he informed me that the
banc would only play such music as he
| directed This statement was repeated
| more than once.
Il called the attention OF the accused
to the fact that l was his commanding
officer and he must obey any orders
| saw fit TO give him, or words to that effect.
He then turned to one OF the bandsmen
and said: You Will play only such music
as I tell you
"of course explained the witness;
these words may not be the exact ones.
II theninformed the accused thatI should
place him under arrest, and he replied:
DO it; doit' This was all said in grossly
disresprctful tone and manner, and l re-
garied his appeal to another member of
the band against my authority as nsu-
tinous
Owing to this dlsrespect," resumed
Lieut.. Draper, land refusal 20 obey my
orders, relieved the accused from duty
and ordered him to report at Marine
l
Corps, in arrest This occurred at about
9:45 u. M, May 81, 1897
Col. Hay then began his oross-examIna
ton, which developed the feet that
Lieut.. Draper did not know much about
music, he being unable To state with GER
tainty what was the selection belng &
played at the time the incident occur red
but he thought it was Sousa's "El Capt.
tam
Was the offense of which you complain
in the language or in the manner OF the
accused?'
Both
"In what way was his manner disre-
spectfulo''
In his bearing and in the emphatic man
ner in which he stated thatmy orders would
not be obeyed,'' responded the officer.
"Was FanCiulli not the director Of the
band?''
I'VE is the band leader
Does he not select the music?'
81 don't know
''Is the music not arranged in a pro-
gram?''
Il don't know"
Would it be disobedence to your orders
if the band could not play selections
| you reQuested?''
us this a hypothetical case?'
No answered the attorney
Il did not request the rendering OF
| any particular selections
Ibid the accused not say he would change
the time and cadence, but that it wa;
his duty to make selections of the music?'
HE did not. He said something abou
his being the one to select the music
Lieut.. Draper admitted that he had no
given the band leader an opportunity t.
obey his orders, because he had said h
would not obey them.
Lieut.. Lewis J. McGill, second lieu
tenant. United States Marine Corps, fol
lowed Lieut.. Draper.
He corroborated Lieut. Draper's testi
mony in substance.
The witness had never known Fanciull
before to disobey any orders OF com
Inanding officer
Ibid you not say to Prof. Fanciulli
We want no more of your id clarione
solos?' asked Col. Hay.
sI am not certain"
| This closed the days session, an a
| o'clock the court adjourned to meet t1
, morning at L O'Clock.
, Prof. FanciulIi is mean while detained
at the barracks.
NEW Y. NJ. C. A. BUILDING.