8

disperse the crowds which, for three weeks, gathered in front of the theater. The only action taken by city officials was to close the theater temporarily, pursuant to a special ordinance enacted for that purpose. According to the manager of the theater, on one occasion the city officials told him that they were occupied protecting the city's other theater, which continued to refuse to admit Negroes."

On July 26 the McGhees attended the theater and when they attempted to leave, they found a large, noisy, hostile crowd blocking their way. They called the police from inside the theater and requested protection. The police came but refused to escort the McGhees from the theater or to disperse the crowd. The McGhees were told: "You got yourselves in this damn mess, so get yourselves out. ." 10 As they left the theater, Silas McGhee was struck in the face by a white man. Other whites in the crowd pummeled, kicked, and spat at them. When the McGhees drove away, a bottle was thrown through the car window, spraying glass in their faces. Followed by the hostile crowd, they were taken by a friend to a local hospital to be treated for injuries. The police chief refused to escort them home and, after several hours, the sheriff escorted them through the crowd." No arrests were made although numerous police officers were present at both the theater and the hospital.12

A few weeks later Silas McGhee was shot and received a near fatal wound as he sat in a car in the Negro neighborhood. The police investigated but, again, no arrests were made.13

Following these events, the Department of Justice brought suit against the police and city administration, contending that the

8

Deposition of John Marchand, supra note 3, at 33-35, 54-56; Record, Deposition of Charles E. Sampson, mayor of Greenwood, Nov. 16, 1964, at 18, United States v. Sampson, supra.

'Deposition of John Marchand, supra note 3, at 19.

10

Deposition of Silas McGhee, supra note 3, at 19.

12 Record, Deposition of Curtis Lary, Greenwood chief of police, Nov. 16, 1964, at 74-87,

United States v. Sampson, supra.

13 Id. at 92-93.

failure to provide protection constituted a denial of the right to public accommodations in violation of the Civil Rights Act of 1964. An order was sought compelling the authorities to provide protection. Trial before a three-judge court was held in January 1965, but the case has not yet been decided.1

Laurel, Mississippi

On at least five occasions during the summer and fall of 1964, Negroes seeking service at lunch counters in Laurel were attacked by gangs of white men who regularly congregated outside the stores to wait for them. The first and most serious assault occurred on July 11, when two young Negro boys, Larry McGill and Jessie Harrington, sat down at the lunch counter at the S. H. Kress store. Before they could be served, two white men attacked them with small baseball bats. One of the boys was struck on the head and the other across the back. They were treated at a local hospital.15 The chief of police of Laurel, L. C. Nix, was present at the store, witnessed the beating, and arrested one of the attackers. He required the defendant to post an appearance bond of $25 and then released him. When the case came up for trial, the defendant failed to appear and his bond was forfeited. No other proceedings were taken against him.16

Chief Nix defended his failure to take further action by stating that the defendant had the option not to appear and to forfeit his bond." He also noted that the victims had run off without making a complaint and had not appeared to testify.18 He admitted, however, that he made no effort to have them or other witnesses appear at trial; nor did he attempt to determine whether the injuries were serious enough to warrant initiating

14 United States v. Sampson, supra.

15

U.S. Commission on Civil Rights, Staff Report of Investigation of Incidents of Racial Violence, Jones County, Mississippi, 1964, January 31, 1965, T. 470-72.

16 Testimony of L. C. Nix, T. 174-75. At the time of this incident, Chief Nix also arrested Arthur Harmon, a Negro, for profanity and required him to post $25 bond. Harmon, according to the complaint affidavit, had said "G-- d---,." T. 178–79. 17 T. 177–78.

18 T. 179.

felony proceedings.19 He regarded the incident as "routine" and commented: “This was just an assault." 20

St. Augustine, Florida

Law enforcement officials in St. Augustine failed to protect persons engaged in mass marches and attempts to use a previously segregated public beach.

21

During May and June 1964, there were frequent civil rights marches into the center of St. Augustine. Local law enforcement officials attempted to curtail night marches, in which as many as 400 participated, by ordering the marchers to disperse. When a Federal court held such an order to be an unconstitutional interference with first amendment rights,22 the police changed their tactics. The first march to take place after the Federal court order consisted of about 200 demonstrators. Although 50 to 75 local whites were gathered at one point along the route of march, only 10 to 15 policemen out of the 250 State and local officials who were in the city were present. Several of the marchers were attacked. According to the demonstrators, the police made only desultory attempts to protect them or to disperse the assailants.23

The next evening 300 to 400 marchers were set upon by 100 local whites and more than 15 Negroes were seriously injured." There were isolated attacks on demonstrators but no serious incidents in the period from June 11 to June 24.25 In one attack, however, a white man stabbed a Negro girl with the end of a flag stick. She

19 T. 179-80, 183-84.

20 T. 180.

21 Young v. Davis, 9 Race Rel. L. Rep. 590, 591-95 (M.D. Fla. 1964).

22 Id. at 597.

23 Record, hearing on motion to intervene and motion to amend preliminary injunction, pp. 276-81, Young v. Davis, No. 64-133-Civ. J, M.D. Fla., June 13, 1964 [hereinafter referred to as Davis Record.]

24 Davis Record 56-62; interviews with Mrs. Alta Green and Samuel Lyons, participants, Aug. 1964.

25 See, e.g., Davis Record 189-90; interviews with Jerome Conway and Leonard Reed, Aug. 1964; SCLC records.

and another marcher fell to the ground and were immediately arrested for disorderly conduct.26 On June 25, about 200 marchers were set upon by nearly 500 whites. Although there were 250 law enforcement officers in St. Augustine at this time, the march was scattered by the mob of whites and Negroes were chased through the streets of the city. At least 30 marchers were treated at the hospital for injuries.27

The last march, on June 29, was protected by 300 law enforcement officers. Violence against the demonstrators was attempted but police intervened and prevented serious injuries. This was the only occasion on which more than two whites were arrested by the police for assaulting marchers.28

During the same period, "swim-ins" at a segregated public beach about five miles from the center of St. Augustine resulted in repeated incidents of violence, usually caused by the same small groups of whites, many of them members of the Ancient City Hunting Club, a segregationist organization.20 In attempting to use the beach, the demonstrators were exercising a right guaranteed by the 14th amendment to the Constitution.30

The number of persons who took part in these demonstrations varied from about 25 to 100. On at least five occasions

28

'Interview with Leonard Reed. Governor Farris Bryant established a Special Police Force when he declared a state of emergency in St. Augustine. See p. 61, infra. The Special Force required all local law enforcement officers to deliver daily arrest records. Copies of these records and other arrest records maintained by the St. John's County sheriff's office are in Commission files [hereinafter cited as Police Records].

SCLC records; interviews with Roscoe Halyard, Gayle Sanders, and numerous other participants; interview with Capt. James Prater, Florida State Highway Patrol, August 1964 [hereinafter cited as Prater Interview].

28 Police Records; SCLC records.

Police Records; Prater Interview; interviews with numerous participants. The exact nature of the Ancient City Hunting Club is unclear. According to the State Highway Patrol, its leader, Halstead (Hoss) Manucy, was responsible for "organizing opposition to the demonstrations," along with "Ku Klux Klan Attorney J. B. Stoner of Atlanta," and Rev. Connie Lynch. See "Racial & Civil Disorders in St. Augustine," Report of the Florida Legislative Investigation Committee appendix 19, at 115 (1965). Federal District Judge Bryan Simpson reportedly stated from the bench that the Club and the Klan were synonymous. Id. at 26-27.

3o Mayor and City of Baltimore v. Dawson, 350 U.S. 877 (1955).

during this period, the demonstrators were assaulted, despite the presence of up to 200 law enforcement officers.31 The officers were advised prior to each attempt to use the beach, and were always present in strength when the demonstrators arrived. But according to the demonstrators, the police made little or no attempt to prevent the violence. Even though the attacks were carried out in the presence of the police, their records show that only a few of the assailants were arrested.32 In one case a person arrested for an assault during a morning demonstration was released a short time after his arrest and then took part in an afternoon assault.33 When violence broke out, however, the demonstrators-not the whites3*___ were usually ordered off the beach and many were arrested.35

FAILURE TO PROSECUTE PERSONS
RESPONSIBLE FOR RACIAL VIOLENCE

34

The Commission also investigated the conduct of prosecutors in the few cases in Mississippi in which persons were arrested for committing acts of racial violence. Most of these cases were never brought to trial and in the very few cases in which trials were held, defendants were either acquitted or received suspended sentences or minimal fines.

36

The officials responsible for instituting prosecutions to enforce State law are the county and district attorneys. Both are elected officials-the county attorney by the county and the district attorney by a district composed of from two to seven counties. The district attorney is charged with the duty of

31 SCLC records; interviews with participants; Police Records; Prater Interview.

33 Interviews with participants; Police Records.

33 This arrest occurred on June 22, 1964. Police Records.

34 This was denied by Captain Prater. See Prater Interview.

35 SCLC records; Police Records.

36 Miss. Code §§ 3915, 3920 (1956). The city prosecutor is responsible for prosecuting violations of municipal ordinances before the police justice. Miss. Code § 3374103 (Supp. 1964).

37

Miss. Code §§ 3147, 3238, 3910 (1956); 1394–1411.7 (Supp. 1964).