The Kissing Case is the arrest, conviction and lengthy sentencing of two prepubescent African-American boys in 1958 in Monroe, North Carolina. A white girl kissed each of them on the cheek and later told her mother, who accused the boys of rape. The boys were then charged by authorities with molestation. Civil rights activists became involved in representing the boys. The boys were arrested in October 1958, separated from their parents for a week, beaten and threatened by investigators, then sentenced by a Juvenile Court judge.
Leaders and members of the local NAACP, including Robert F Williams, Eleanor Roosevelt, President Eisenhower, and other civil rights organizations, such as the New York-based The Committee to Combat Racial Injustice (CCRI), protested the charges, trial and sentencing. The United States was embarrassed by protests from other governments, demonstrations in major cities, and strong criticism in the international press. North Carolina Governor Luther H. Hodges finally granted clemency to the boys, releasing them from the reformatory in early 1959 after they had been there for three months. Neither he nor authorities in Monroe ever officially apologized to the boys or their families.
Incident
In late October 1958, Sissy Marcus, a 7- or 8-year-old white girl (sources vary), told her mother she had kissed 9-year-old James "Hanover" Thompson, and 7-year-old David "Fuzzy" Simpson, on their cheeks. She had seen them while with other children and recognized James as a friend from earlier childhood. The two had played together when James accompanied his mother to her work as a domestic for the Marcus family. The boys were African American.
When Sissy told her mother Bernice Marcus about the encounter, the woman became enraged and washed her daughter's mouth with lye. She called the police and accused the boys of raping her daughter.
Local officials unlawfully detained the two young boys, who were arrested in October 1958, and for a week refused to allow them to see their parents or legal counsel. Police beat the boys and threatened them with more injury in an attempt to extract confessions. After being jailed for three months, the boys were charged by Juvenile Judge Hampton Price and convicted of molestation. Price sentenced them to reform school, perhaps until the age of 21.
Context
As was happening in other cities and towns across the South, in the postwar period African Americans began to press to regain their civil rights and social justice. Many men had served the United States during World War II and, especially in the South, they resented returning to find out they were expected to submit to being second-class citizens. In Monroe, North Carolina, Marine veteran Robert F. Williams agreed to be president and Dr. Albert E. Perry, a physician and veteran, to be vice-president of the local chapter of the NAACP. They conducted meetings and demonstrations while seeking integration in the city of public facilities legally segregated by the state legislature after it had disenfranchised most blacks in the state at the turn of the century. In the late 1950s, they were still excluded from politics, although there had been some voter registration drives.
Williams and Perry specifically called for integration of the swimming pool at the Monroe Country Club; although located on private grounds, the pool was a public facility, built with federal funds during the Great Depression. It was operated with city funds raised by taxes on all residents. Perry and Williams argued that since all citizens in Monroe were taxed for the pool's operation, all should be able to use it. Following these activities, a "large, heavily-armed" Ku Klux Klan motorcade, led by James W. "Catfish" Cole, had attacked Perry's home.
Harry Golden, in a 1959 article entitled "Monroe, North Carolina and the 'Kissing Case, said that such attempts to desegregate the pool were "unwise", "naive" and "unrealistic" because of the "crude emotions of a small agricultural community." In Monroe, white parents did not want their children to swim or play with black children.