Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-08-26
Band Leader Haley Fined $40 for
Disorderly Conduct.
One WITNESS RULED OUT
The interruption at a Concert
Given by the Marine Band.
THE EVIDENCE HEARD


Wednesdays concert of the United States
Marine Band at the Capitol Judge A. s
| Taylor, the presiding justice. imposed a
| fine of $40 upon Mr.. Haley. which the lat
| ter promptly paid. The defendant was rep
| resented IN court by Attorneys ]. Mcdowell
| Darlington and p. B. Hay. Mr.. Sinclair
was the prosecuting attorney. A jury trial
was not demanded.
The hearing was held in the downstairs
branch of the Police Court, where the
| minor offenses are assigned. The large
court room was crowded, many being I'M
| able to find seats. A large number of the
members Of the Marine Band and of Prof.
Haley's organization were present.
Mr.. Haley, 1t will be remembered, was
arrested during the course Of last Wednes-
days concert at the Capitol, and charged
with disorderly conduct. 1t was alleged
that he crossed the ropes surrounding the
band and endeavored to hold a conversa-
ton with Lieut.. w. H. Santelmann, the di-
rector of that organization. 1t was charg-
ed specifically that Mr.. Haley applauded in
boisterous manner and jeered the rendi-
ton of the first few selections. The trou-
bic is said to have originated in some diff
terences between Messrs. Santelmann ana
Haley over musical contracts.
Mr.. Santemann was a witness for the
prosecution this morning. He testified in a
manner which indicated that he had no de-
Witnesses Excluded.
When the trial began the defense called
for separation of the witnesses, and all
were excluded from the hearing except the
one on the stand. This move resulted in
Unexpectedly disaualifying the only wit
ness in behalf of Mr.. Haley. a member of
the Marine Band, Philip r. Phillips, who
failed to retire when the general instruc-
lions to that effect were announced Phil
lips was interested in the proceedings and
remained inside. When he was called to
the stand Mr.. Sinclair, the prosecuting at
| torney, objected to his giving evidence.
Judge Taylor thereupon rejected Phillips as
a witness.
Officer ]. ]. Sinnott of the Capitol police
force was the governments first witness.
The officer said his attention was directed
to Mr.. Haley, when the latter stepped in
side the rope surrounding the band stand
before the concert began.
II saw he was in a drinking condition. -
said the witness, land thought he had bet
ter be looked after. When the band began
to play the defendant made gestures and
assumed peculiar attitudes. Mr.. Haley s
applause was emphatic: He jeered and.
rearing well backward. 'hah-hahed several
times This was during the intermission
following the first number. When the next
number was played he again made ges-
lures and said something 1 could not un-
derStand, as | was standing well to his
rear. At the conclusion of the number Mr..
Haley again INDUCED in sneering applause
and shouted Bravo! bravo" A cigar was
in his mouth and his arms were folded
across his breast.
Seeing this demonstration I thought it
would be well to be near him. During the
next intermission Mr.. Haley said Give
us something from Sousa.' Then 1 touched
him upon the shoulder and told him he
would better walk away. He remonstrat-
ed. / then told him he would have to be
taken away. He called upon me to do so.
1t then / took him to the guard room
in the Capitol
Il did not know who Mr. Haley was
when he crossed the rope When Mr.. San
telmann waved to him he Immediately left
the Enclosure and took up a position just
outside the ropes. Santelmann said some
thing to him I did not hear. In my optn-
ion Mr. Haley was about half drunk. No,
the bandsmen did not apparently pay any
attention to him and were not discomfort
ed"
The witness was cross-examined search
ingly by Attorney Hay. He said Mr.. Ha-
ley retired from the Enclosure in an orderly
manner when requested to do so. He in
sisted that Mr.. Haley created some confu-
sion, and that there We're others beside
himself looking at the band leader.
Did the defendant say or do anything
deroga tory to the Marine Band or its men,
bers?'
isn't bravo used generally ex
preston of commentator or praise?"
Yes"
WAS calling for one of sousa's marches
derogatory to the Marine Band?"
Mo-
The witness added that the band did not
play one of Sousa's marches that after
noon, and that no one else called for seec-
tons by that composer. Asked if he were
sure that Mr.. Haley was not clearing his
throat when he ''hah- hahed." the witness
said he might have been. The witness ad-
mitted he might not have noticed Mr.. Ha-
ley's conduct had it not been that he en-
tered the roped inclosure
The defense endeavored subsequently to
show that, with this move explained there
was nothing left upon which Mr. Haley
could be convicted. They proved Mr.. Haley
wanted to speak to Leader Santelmann
upon matters of private business What
this business was did not appear.
One of the witnesses testified that while
in the Capitol guard room Mr.. Haley said :
They have been after me for years. and
want this thing published and ventilated
Judge Taylor asked what was the mean-
ing of this remark. Attorney Darlington
said it and the matters behind It consti-
tuted a long story which had no bearing
on the present case.
Thomas M. Carr, a civilian, said he was
standing near Mr.. Haley during the CON
cert He corroborated a portion of officer
Sinnotts testimony, and concluded by saw
ing Mr.. Haley was about half loaded at
the time of the trouble
Director Santelmann's Testimonx
Mr.. Santelmann, director of the Marine
Band, was next called.
Il have known Mr.. Haley since 1885"
said the witness. Mr. Haley approached
me last Wednesday afternoon just as the
concert was about to begin. He wished
to know about some private matters
told him it was neither the time nor the
place for such a conversation. He said
some words did not catch, and I respond
ed by saying he must get outside of the
ropes. In leaving he said he would see
me outside the ropes. He was inside but
once
Director Santelmann said he heard Mr.
Haley applaud loudly and say ''bravor
several times. He couldn't hear any ex-
CARNATIONS while the band was playing
He thought Mr.. Haley must have been
drinking
Mr. Hay cross-examined the witness who
said he had succeeded Fanciulli in COM
mand of the Marine Band and that the lat
ter had in turn succeeded Sousa.
who is Sousa?" asked the attorney
He is a composer of good marches and
good operas. A composer who has become
popular and whom / hope will always be
out hesitation.
What is the meaning of 'bravov?"
at is usually an acknowledgment of a
good performance"
LAS the leader of great band. don't