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September 21, 1959

MEMORANDUM TO: Governor J. P. Coleman

FROM: Zack J. Van Landingham

SUBJECT: Clyde Kennard

On the morning of September 14, 1959, I conferred with Governor J. P. Coleman with reference to Kennard’s plan to register at Mississippi Southern College the following day, September 15, 1959. Governor Coleman was of the opinion that Dr. McCain should direct a letter to Kennard setting out specifically the reasons why his application for admittance to Mississippi Southern was being denied, namely: First, his grades were such that he was not acceptable to re-enter the University of Chicago from which institution he was transferring to Mississippi Southern. Second, his transcript of grades was not on file at Mississippi Southern College from the University of Chicago. Third, Kennard’s filing of a false and fraudulent medical certificate was indicative of a lack of good moral character. Governor Coleman suggested that this letter be delivered to Kennard on the afternoon of September 14, 1959, that the letter should also state that this was an official denial of his application to enter Mississippi Southern College and it would, therefore, not be necessary for him to appear on the following day, September 15, 1959, to attempt to register. Further the letter should state that if he did appear on the school campus on September 15, 1959, that it would be the duty of Dr. McCain as President of the institution who has the responsibility of maintaining peace and tranquility on the campus to see that Kennard was arrested on a charge of trespass. Governor Coleman stated that he was having Chief of Highway Patrol Bill Hood proceed to Hattiesburg and also Inspector Gray of the Mississippi Highway Patrol at Hattiesburg had been alerted and would have men on hand to be stationed at the various entrances to Mississippi Southern College to guard against any incident happening if Kennard attempted to register on the following day.

On the afternoon of September 14, 1959, I conferred with President W. D. McCain had Inspector Gray of the Mississippi Highway Patrol in President McCain’s office at Mississippi Southern College. Dr. McCain advised that Kennard had already been contacted by him and requested to appear at his office on the following day, September 15, 1959, for the previous of receiving a letter denying his application for admission to Mississippi Southern College. Dr. McCain said that he had told Kennard that he should not go to the Registration Building but should come direct to his office. It did not appear feasible to try to have Mississippi Highway Patrolmen stationed at the various entrances to Mississippi

1-27-38

[stamp of STATE SOVEREIGNTY COMMISSION with date of SEP 22 1959 with lines for INDEXED, SERIALIZED, and FILED, initialed by [?]]

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Southern College, inasmuch as there are quite a few such entrances. Plans were made ,however, where two patrolmen would be on hand in front of the Registration Building directing traffic should Kennard appear there. Chief Hood and Inspector Gray were to be in an office adjacent to resident [sic] McCain’s office in case anything happened which would warrant taking Kennard into custody at President McCain’s office. It was also decided that the writer and Dr. McCain would interview Kennard upon his appearance in Dr. McCain’s office. Other Highway Patrolmen were to be placed off the campus in places which would not be consipcuous [sic] where they could be reached by radio at a moment’s notice. On the following day, September 15, 1959, all individuals involved were at their posts of duty at 8:00 a.m. It was decided that Dr. McCain would call Kennard at 9:00 a.m. and tell him that Dr. McCain had to leave town to go to Jackson, Mississippi in a short time and request Kennard to put in an immediate appearance in Dr. McCain’s office to receive the letter of denial. This Dr. McCain did and Kennard state he would appear at about 9:15 or 9:30 a.m. During the morning prior to Kennard’s appearance, Dr. McCain received several telephone calls from the press and radio stations with reference to this matter. They were given no information. It was soon observed, however, that a number of radio reporters and news reporters were on the campus as well as photographers in and around the Administration Building. Dr. McCain had a number of his Public Relations men [unclear] [and?] around the campus and the Administration Building. Kennard arrived on the campus at approximately 9:20 a.m. and was brought to the office by one of Dr. McCain’s Public Relations men. He was ushered into Dr. McCain’s officer where the writer and Dr. McCain talked to him briefly. Kennard stated that he was going through with his plan to register or attempt to register at Mississippi Southern. He refused to withdraw his application and stated that he had thought this thing out thoroughly. He further stated that many persons, “white and colored”, had attempted to talk to him and dissuade him from going through with his plan. However, he said that he believed what he was doing was right and that he was doing it for both the white and colored race, inasmuch as he felt that the State of Mississippi was unable financially to maintain separate school of equal basis, not only public, but on the college level, for the white and colored race.

Kennard claimed that his transcript of records from the University of Chicago had been sent to Mississippi Southern College two years before and should be on file. He further denied that he had filed any fraudulent medial certificate had claimed that he had been examined on September 2, 1959, by Dr. Charles W. Smith. He also claimed that there was no restriction upon his re-entering the University of Chicago but stated that he had failed two subjects at the University of Chicago because he was overloaded in his work since he was trying to carry on four years’ work in a period of three years which was the reason he had failed. He denied he would have to make up by examination these subjects

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for the purpose of re-entering the University of Chicago. He admitted that he had written the University of Chicago about December, 1958, and inquired about taking a Political Science course, but, however, the University of Chicago had written that he would first have to get his B. S. Degree before he could be admitted to such a course. The letter denying Kennard’s admission to Mississippi Southern College was handed to him by Director of Admissions, Aubrey K. Lucas, who was called into the office by Dr. McCain for this purpose. The letter was dated September 14, 1959, and was signed by Aubrey K. Lucas. A copy of this letter is attached hereto.

The conference with Kennard lasted from [9?]:27 a.m. Kennard was ushered out of a side door from President McCain’s office and the newspaper men and photographers who were in the hallway of the Administration Building did not see Kennard and, therefore, did not have a chance to interview him. Approximately 15 to 20 minutes after Kennard had left Dr. McCain’s office Mr. Cleveland, one of the Public Relations men of Dr. McCain, came into the office and advised that he had just heard from a reporter that Kennard had been arrested by two Constables and was at that time in the county jail.

I immediately telephoned the county jail and talked to Constable Lee Daniels who informed the writer that Kennard had been picked up on the Mississippi Southern College Campus approximately a half hour before that time. Daniels claimed that he and another constable had spotted Kennard’s car early that morning on the Eatonville Road at which time Kennard was driving at an excessive rate of speed and recklessly. He stated they took out inppursuit [sic] of Kennard’s car but that Kennard eluded them. However, they got the license plate and subsequently again spotted the car in Hattiesburg and took out after it again. They, however, were unable to catch up with the car until it had turned into the campus of Mississippi Southern College. They claimed that they came on the campus and spotted the car, found whiskey in it and waited at the car until Kennard reappeared. The car was parked down behind the dining hall at Mississippi Southern College. Daniels said that they had charged Kennard with reckless driving and illegal possession of whiskey. The arrest had been made at approximately 9:55 a.m.

I immediately telephoned Governor Coleman’s office to advise him of the developments and in his absence talked with Mr. Ben Walley, telling him what had taken place and informing him that in my opinion it appeared to be a frame-up with the planting of the evidence in Kennard’s car. I informed Mr. Walley that neither the State Police nor I had anything to do with the arrest of Kennard and knew nothing about it until some half hour after it had taken place. Mr. Walley suggested that I endeavor to contact District Attorney Danny Dabbs and Sheriff Ford Vance for their opinion with reference to this matter.

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I determined that there were a considerable number of newspaper men, photographers, and the like at the Sheriff’s office, the courthouse, and the county jail. I, therefore, did not go in as I did not want to be tied-in in any way with the arrest of Kennard. I telephonically endeavored to contact Sheriff Ford Vance. However, he was not in his office. I talked to Deputy Sheriff Obre who advised that the sheriff’s office had no knowledge of Kennard’s arrest until after it had taken place. He said that they were not in on any plans to arrest Kennard or to surveill [sic] him in any way. I told Chief Deputy Obre that it was very unfortunate that this arrest had to take place when it did and that no one would believe that the arrest was not connected in some way with Kennard’s attempt to register at Mississippi Southern College.

I also telephonically contacted District Attorney Daniel W. Dabbs on the morning of September 15, 1959. Mr. Dabbs said that he had not heard of Kennard’s arrest. He said that he did not know who was behind it but he would endeavor to find out. He confidentially informed the writer that Lee Daniels was the type of constable who could be expected to do a thing like this. He also suggested the name of John Reiter who is employed in the Security Division of Mississippi Southern College as an individual who might be behind this, as he stated that last fall Reiter had a lot of outlandish and radical ideas about how Kennard’s attempt to enter Mississippi Southern College should be handled. Mr. Dabbs said that he was shocked at the way this arrest tool place as it frankly appeared to him that the evidence was planted. He said he would try to reach Sheriff Ford Vance to try to determine who was behind this matter and call me back. He also said that Lee Daniels’ district as a constable was not in the vicinity of Eatonville. He said that Constable Ward had jurisdiction over the district where Kennard lived in the vicinity of Eatonville.

Subsequently Mr. Dabbs called back and stated that he had talked to Sheriff Ford Vance and that Sheriff Vance said that he had just learned of the arrest through one of his deputies. He said that Vance stated that he did not know anything about the arrest and had no prior knowledge that such was to take place. Dabbs said that after talking to Ford Vance they were both of the opinion that someone out at Mississippi Southern College, such as John Reiter, was behind having the constables arrest Kennard.

At 11:35 a.m. September 15, 1959, Mr. Dabbs again telephoned the writer stating that Lee Daniels had just called him and told him about arresting Kennard. Dabbs said that he talked to Daniels very straight and told him that he wanted to inform him to [begin?] with that he, Dabbs, knew absolutely nothing about any proposed arrest, had not been consulted with reference to the same, and wanted to have nothing to do with it. Further that the Sheriff’s office knew nothing about it. He

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told Daniels he did not appreciate his calling him with reference to this matter and did not want him to call again, that the best thing Daniels could do was to take the negro immediately before the Justice of the Peace and have a hearing.

At 1:15 p.m. on September 15, 1959, I telephonically contacted Justice of the Peace T. C. Hobby, Glendale 3-3510. He advised that Kennard had been brought to his office for a hearing by Constable Lee Daniels and Constable Ward. Mr. Hobby [stated?] that Kennard would not plead guilty nor would he plead not guilty, he just stated that he wanted an attorney. Hobby said he told him he would have to return to jail and make bond. He recommended bond of $500 for illegal possession of liquor and $100 for reckless driving. Kennard was then returned to jail for the purpose of making bond. No date was set by Judge Hobby for the final hearing.

Subsequent press reports indicate that Kennard made the bond on the late afternoon of September 15, 1959, and immediately proceeded to Jackson, Mississippi, where he conferred with Medgar Evers of the NAACP and other integration leaders. Medgar Evers subsequently issued a statement to the effect that if Kennard requested the aid and assistance of the NAACP, it would be given him [sic]. Subsequent press reports also indicate that a hearing has been set for Kennard before the Justice of the Peace on September 29, 1959, and that Kennard is being represented by a negro attorney, R. Jess Brown, of Vicksburg, Mississippi. Brown has been the attorney in a number of cases representing the NAACP. When I talked to Justice of the Peace Hobby he went to great pains to explain to me that he was the one who was responsible for persuading Kennard to stay out of Mississippi Southern College last January when Kennard had tried to enter. Hobby claimed that he had gotten Kennard to withdraw his application.

With reference to John Reiter who is on the Security Force at Mississippi Southern College, it might be stated that Reiter is a former FBI Agent. Reiter had several weeks ago told me that when Kennard was attempting to enter Mississippi Southern College in December, 1958, that he had been approached by individuals with possible plans to prevent Kennard’s going through with his attempt. One of the plans was to put dynamite to the start of Kennard’s Mercury. Another plan was to have some liquor plants in Kennard’s car and then he would be arrested.

After I left Dr. McCain on the morning of September 15, 1959, I encountered John Reiter on the way to my car. Reiter was elated over the fact that Kennard had been arrested. However, Reiter claimed that Kennard had been arrested on a lunacy warrant and said that the constable had shown him the warrant prior to Kennard’s arrest. He claimed to have no knowledge of Kennard’s arrest on a reckless driving, illegal possession of whiskey charge.

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I subsequently saw Dr. McCain at Jackson, Mississippi on Friday, September 18, 1959, at which time we discussed the incident at Hattiesburg. Dr. McCain stated that he had been told by his Security men that they had observed Kennard locking his automobile after he had parked it just prior to his coming to President McCain’s office. If this is so, the constables could not have searched the car in Kennard’s absence as the papers stated. Kennard has denied, according to the press, that he had the whiskey in the car. Another press report stated that Kennard said that he was not informed of the illegal possession of liquor charge until he had arrived at the jail, further that the constable stated in this press report that while driving Kennard to the jail in his car they heard something rattling and that they searched the car after they got to the jail and found the whiskey.

I will follow this matter up further and report the outcome of the hearing on the illegal possession of liquor and reckless driving charge on September 29, 1959.

I will further confer with Dr. McCain and have the Mississippi Southern College Director of Admissions write a letter to the University of Chicago for the purpose of obtaining an official letter with reference to the University of Chicago’s position relative to Kennard’s attempt to re-enter that school.

I will also follow up the suit at Hattiesburg, Mississippi, which has been filed against Kennard for $4300 by the Forrest County Co-Operative.

Since this matter is now in the open I will now again visit the negro, Dr. Charles Smith, and endeavor to secure an affidavit from him denying the fact that has examined Kennard since December 18, 1958, and also the fact as he stated to John Reiter and myself on September 10, 1959, that he had not seen Kennard for several months.