Evening star., 1897-06-14
The Summary Court Martial Of Fan
ciuli Engaged on Its Report.
4 SEVERE SENTENCE EXPECTED
The Question Of Discipline to Be
Alone Considered.
REGARDED AS A TEST CASE

Capt. NJ. Z. Goodrich, Lieut.. harmany,
Capt. F. H. Denny and Recorder Theodore
Llowe, composing the summary court-mar-
tial convened last week to hear the case
against Prof. Francesca Fanciulli. leader
of the United States Marine Band, for in
subordinaton during the Memorial day ex-
ercises. convened again this morning at the
marine barracks. The session was held be-
hind closed doors. The testimony was re-
viewed and Prof. Fanciulli was called upon
for an additional statement. The report of
the court was then proceeded with and
decision was reached. This will not be
made public for several days. The report
will be submitted to Capt. Frank H. Har-
rington. commandant at marine barracks,
as soon as it has been prepared by the re-
ccrder. 1t will then be forwarded to the
commandant of the Marine Corps, Colonel
Haywood. The probabilities are that the
punishment of Prof Fanciuli will be some
thing more than a reprimand, although it
is not believed that 1t will go to the extent
of a dismissal. The members of the court
are strict disciplinarians and it is regarded
as certain that they look upon the incident
as one which has broad effect The findings
will probably be made public in a few days.
Lieut.. karmany will leave Washington at
30 O'Clock next Wednesday morning with
the marine guard of the battle ship Iowa.
ard on this account the report will be hur-
ried.
Prof. Fancullrs statement before the
court this morning was repetition Of his
direct testimony, which is given below. He
repeated the conversations had with hin.
by Lieuts. Magill and Draper and recounted
his views of his position as leader of The
Marine Band and his opinion regarding his
responsiveness The impression prevails
among the marines and the members of
the band that the case is one which in
wolves the relations between a subordinate tie
and superior officer. and that the result
hot for
so.ute military discipline. 1t is believed
that the sentence of Prof. Fanciulli will be
as severe as it can be outside of absolute
discharge from the Marine Corps
Prof. Fnnciuilis Plain Statements,
Prof. FanciulH took the witness stand,
after The Stars report of the inquiry
closed Saturday afternoon. He gave his
testimony in a clear voice, and told an
interesting story of the events which led
up to his arrest on Memorial day.
He testified that he was the leader Of
the United States Marine Band, and his
duty as such was to select arrange teach
and direct the music played by the band.
whenever it was ordered. He was in
charge of the band May 81 by order Of Cap
tain Harrington. commanding the marine
barracks. He recited the names of the
marches played which were compositions
of Sousa and himself, and the program
selected was precisely the same as that
followed in the inaugural parade.
The inaugural program had been selected
by the commanding officers of that parade
and was sanctioned by the commandant
1t was not the custom to submit the pro-
gram Of the band music to the command
ant. Witness was always ready and pleased
to play anything specially asked for.
In reply to question whether any COM
plant was made to him on Memorial day
respecting the time and cadence OF the
music. Prof. Fanciulli replied as follows:
MIR. Draper came up to me at An street
and the avenue and asked me to give a
march with more swing to it. The band
heard was. Play march with more
swing 1 answered, After this and COM
piled by playing 'El CAPTAIN not because
l thought that there was more swing, but
because l thought 1t was meant to play
somebody elses march. as long as 1t was
popular and well known"
The professor was then asked to state
what occurred when the parade rested at
18th street and Pennsylvania avenue.
Lieut.. Magill's Strong Language.
The command was at rest, and the band
men were talking among themselves. when
l heard a voice call my name. l recognized
the voice that of Lieut.. Magill. 1 turned
quickly to hear his order, and placed my
hand in saluting position. Lieut. MagiIl,
in tone that l considered severe, said:
I told you in New York, 1 tell you now
again, l don't want any Of your d clar-
met variation Marches
Il surprised and couldn't answer for
a moment. until after ne had gore and
taken music book from one of my musi-
clans. Lieut. Magill said
I want you to give some tunes
Il said, saluting: Mr.. Magill. have my
selections made, and will play what 1 think
is best for the band to play
He took the book and went to Lieut.
Draper, 1 suppose. They both came back
together in a few minutes. Mr. Draper
CO me with book TO tell me what to play
l saluted him and said
Mr.. Draper, l am the leader of the
band. and will play whenever ordered, but
what to play l believe to be my right to
Then Lieut.. Draper started to dictate
to the band what to play from the book
l turned and said:
The band will receive the orders for
music from me-
Il did rot say this to the band, but to
MI Draper, in explanation. He replied:
You know l am commander of this
the gods. 1 will send you to the b,rracks
to report under arrest l said: If IL is
your right, do it,
In all this my feelings were calm and
peaceful" said Prof Fanciulli II nev,r
showed sign of in subofdina tion. / was
ready to obey any order, but 1 felt fully
convinced that the selection of the must,
was my absolute privilege"
Duties of IA Band Leader.
Upon cross-examination by Recorder
Llowe. Prof. FanciulH swore that he
thought band leader was needed in mod
ern music. because he was supposed to he
an expert and to have command of all rn-
der his charge
lie do not refuse to change the program
and was ready to obey any orders from
Lieutenant Draper regarding the class Of
selections. such as waltz. polka, mazurka
posers, which selection he thought belonged
to him. He did not know why Lieutenant
Draper placed him under arrest, but sup
posed 1t was in consequence of the expres-
sion of opinion about the music
Prof. Fanciulli's testimony was closed
with answers to two questions put by the
court. The first was:
You say you prepare programs for and
direct the music Of the band. Do you mean
by this that, holding a subordinate grade
in military organization, being an enlist
ed man. in fact, you have any control un-
der any circumstances when serving on
duty with a superior in rank?"
Prof. Fanciulli said he believed that he
mad, so far as the selections were con-
cerned.