Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-06-22
record of procee ;.ngs has already passed
through his hands.
ElabOrnte DiscnsSIon IAneceRsary.

colonel commandment Is necessary. as the
record of proceedings has already passed
through his hands.
Elaborate Discussion Canecessary.
1t seems unnecessary. particularly as the
record In the case is brief. to enter into an
elaborate disc ussion of the testimony adj
duced- Suffice it 10 say that, although the
evidence is somewhat conflicting. both ale
cations. viz. disrespect 10 Lieutenant Dra-
per. ard refusal TO obey his order. are sus-
tanned beyond Il reasonable doubt. 1t
should he added that the sentence is one
which the court had full power to impose
wide article ~ OF the articles for the gov
eminent of the navy. section 1924, r. 81.
and while in general | would regard 1t as
Inadequate 10 the ofTenses committed.
consider that. in this particular case, under
all the circumstances. il fully satisfies the
requirements of article II of the articles
for the government OF the navy. which
provides that 1t shall he the duty of a
court-martial. in all cases of conviction, to
adjudse punishment adequate to the ma
ture of the offsnse.''
1T may be stated. however. that the Of
fens,s of refusing TO obey orders and dis
respect to a superior officer are usually
tried by a general court-martial. and the
maximum Ut nishmsnts for these. in time
of peace. are. respectively, confinement for
two years with dishoaorable discharge and
discharge. Vide general orders No. 400.
dated May -. 1896.
The circumstances.
.'The circumstances above referred to as
surrounding the case are the following:
II. The provoking wcrIs used toward Fan
siulli. as shown by the record. by the COM
handing officer. Lieut.. Draper. and by the
officer second in command. Lieut.. Magill.
though not altogether stripping Fanciullis
offsnses of their gravity. must necessarily
In some measure relieve them thereof
90 The fact that Farciulli appears, as
shown by his testimony. to have under
stood from instructions previously given
HIM by the colonel cInriandant. that he
had the right 10 arrange the program and
select tine music. and HAT he based his line
of conduct upon such instructions.
in view of ail the foregoing AID partic-
ulsrly in consideration Of Fanciul!i'S eX-
C9ilent record. as atteste1 by various wit
Eesses. and especially by his commanding
officer. both in EJS testimony before the
court and in his Endorsement upon the
record. | rcconmen that in this case.
in similar Instances OF like sentence mere
tcfore where good previous conduct WAS
shown. the sCntcEC. IL set aside. / further
recommend. however. that in communicate
ing to the colonel Conlmar.dant of the Ma
r.ne Corus the departments action in the
premises. if the sentence he set aside. he
he instructed 10 fully inform Fanciulii
To his duties ard especially that he Is.
VI on the o, casion of a military parade. en-
tirely subject in every particular to the
orders of the commanding officer of suCn
parade. whom he must implicitly obey and
treat with proper respect
Tie Final Action.
The action of the department is embodied
in the following Endorsement by Acting
Secretary Roosevelt:
NAVY DEPARTMENT,
WASHINGTON, June 81. 1897.
After careful consideration of the rec
ord of the summary court-!nartial in the
foregoing case of Francisco Fanciulli, lead
ct Of the United States Marine Band and
o: the memorandum of the judge advocate
general in relation thereto l concur i'm the
recomfne ndationS made by that officer as
To the disposition to be made of the case.
Ine sentence is accordingly set aside.
IL ~ matter of the greatest regret to
the apartment that there appears TO be
no ether action open to 1t in this Ease
thah 10 execute or set aside the sentence
imposed by the court, since the Law pro-
Eiies Tor no mitigation thereof A failure
10 opey the orders of a superior officer
Is in no wise to be tolerated, and almost
any less sentence, even though very severe
would have been approved by the DEPART
hieNt. put taking ali the circumstances
OF the case into consideration the depart
Inent feels that the position of the jII,le,
advocate general is correct, and tat this
IS not case in which the final penalty
should he inflicted. Fanciuln will he fully
informed ny the colonel coTnmandan. as
10 his duties, and will he given to UNDER
stand once for all that he is. upon the
occasion Of military parade. entirely sub
9sct IN every particular to the orders Of
tne commanding officer of such parade.
whom he must. OF course implicitly obey
ana treat with proper respect no plea Of
nlstinderstand ing vii! again be considered
under any circumsta nces
T. ROoSEV ELT. Acting Secretary.