The evening times. [volume] (Washington, D.C.) 1895-1902, 1897-06-22

ami Of the memorandum OF the Judge adj
vocatc general in rela ton thereto, concur
in the recommendations made by that Off
Ger a. to the disposition To he made of
the case The sentence Is, accordingly,
set aside.
1t Is a matter of the greatest regret TO
the ieparr mcnt that there appears 10 he
no other action ope; To it in this case than
TO execute or set aside the sent Ance posed
10y the court, since tie law Provides for no
mitigation thereof a failure TO otey the
orders of a superior officer Is in no wise TO
he tolerated. and almost any less sentence,
even though very severe, would have been
approved by the department, but taking
all the circumstances OF the case into con
sidcTation the Department feels that the
position of the Judge advocate general is
correct, aad thatth Is not caSein which
the final penalty should be inflicted.
"Fanciuni viii be fully informed by the
colonel c"mmandant as TO his duties. and
VIII he given to understand once for all
that ne is, upon the occasion II d Military
parade. entirely subject in every particular
to the commanding officer OF such parade,
whom he mt ust, Of course, implicitly obey
and treat with proper respect. No plea Of
Misunderstanding will again he considered
under any circumstances
It ROOSEVELT,
Acting Secretary"
The first news Of Assistant Secretary
RooScvclt's action was carried 10 irof
FanciulI by Times representative. Al
though no access could bv gained in person
t. the room in which he was confined. an
arrangement was effected hy means ot
which the welcome news was carried to
him.
Prof FancUlli had not expected re-
verSal OF the verdict OF the court, as he
had been assured that no action other than
that decided upon by the court. could ne
taken in the case Therefore. when word
was brought that lie was soon to be re-
leased, he could hardly realize that 1T
could be true.
Fe sent word to The Times reporter,
saying that he would like very much to
see him, but that the rules OF the harra Cis
forbade any conversation while he was ia
confinement. He thanked The Times most
heartily for the intrepid manner in which |
ii had taken up his cause, but said that
until the order OF his release came he |
would not be able 10 make any state |
menj.
When Capt Harrington was asked If |
ne had received word OF the decision ar |
rived at by the War department, he re-
fused absolutely 10 make any statement |
whatever. He scored The Times roundly |
for the articles it had published concern |
ing the case. and was very much Incensed
a one of its recent editorials.
Il have nothing TO say to your paper. |
As rule, am only too anxious 20 !
be OF what service | can to tile press, !
but J think that the stand taken by The |
Times, and its unwanan,ed attacks upon |
the corps, have placed IL beyond the pale |
of any information from me.
But, captain, have YOU heard anything |
of Assistant Secretary RooSevelt's de- |
olson?"
ITO that, sir, ! decline to make any |
answer. The commandant is at his office |
over the way, and you can see him if |
you want to-"
Col. Haywood was found at his desk |
examining some shoes for tie men When |
the same queries We're propounded to him i
as were put 10 Capt. Harrington he said:
Il know nothing whatever of this case,
since it left the barracks. We have re-
ceived no new OF a reversal OF the courts
Judgment nor do know when such an TT
der win arrive. l am very much displeaSed |
with one OF the editorials printed by The
Times this week as do not think it does
justice To the Officers OF the barracks |
don't see how this matter concerns the
papers, anyhow. 1t is merely a disobe il
ence ofcur rules, and we must preserve dis
cipline by all n.eans.'
All of the officers OF the corps seem to |
take umbrace at the position taken by the |
press, and several of them claim that the |
papers have taken up the wrong side of
the case It is claimed also that the
newspapers have made more of the matter
than was necessary.
Mrs Fanciulli had heard nothing of these |
latest developments until Informed by The
Times reporter. When told that her hus-
band would soon be released her face lit
up with pleasure as she TUNED and en-
bTaced her brother, who was stan ding be-
side her. She thanked The Times most
warmly for it's fight for her husband, and
said that both felt profoundly grateful
for its support