Robert Cunningham, my (3) great grandfather, was an ardent supporter of the Northern cause during the Civil War. Though he was not a member of any of the Military services, he had one tragic experience right in his own yard. I have read several accounts and the information is about the same except for a few additional details each supplies.

He was born in April 1805, so on August 28, 1862 when this incident occurred he would have been 57 though he is referred to as "elderly abolitionist firebrand" in the account from The Twenty-first Missouri. It reads: In early September, the Cunningham boys of Company D teamed that their home had been a battlefield on August 28. Bill Ewing's guerillas, slipping down to the Middle Fabius above Millport, rode across "Old Bob" Cunningham's farm intending to arrest him (as named above), burn his house, and appropriate his horses. Cunningham proved a hard man to arrest. He pitched into the gang trying to capture him, and even though one intruder shot him in the arm, Old Bob managed to wrench an attacker's revolver out of his hand. As the little civil war raged in Cunningham's yard, a strong force of the Fiftieth Enrolled Missouri Militia suddenly appeared, having galloped up from Edina. As coincidence would have it, the rescuers were partly from Company C, commanded by Captain Lucius Woodruff. Old Bob's son and namesake, Rob Cunningham, was fatally wounded as he rode into the barnyard with his comrades. It little assuaged the old man's grief that Ewing himself was among the guerrillas slain in the "affair at Cunningham farm."

In History of Knox County, State of Missouri, there is a more detailed report on this sad incident. It is subtitled, The Skirmish at Cunningham's and says: About the 28th of August, three weeks after the battle of Kirksville, there occurred in the northern part of the county what is known as the Cunningham fight.

The Confederate partisans had recovered somewhat from their crushing defeat at Kirksville, and were reorganizing. Capt. William Ewing had gotten together about 30 men, and was at work in the northern part of this county and the southern portion of Scotland. Some horses and guns were taken from Union men in that region and threats were made to burn out and drive out certain members of the militia. "You burned MY house," said Ewing, and "I will even up with you before this war is over."

On the evening of the 27th, Ewing encamped in the timber near his old home in the border of Scotland, in the country about Short's well. The next day, at the head of 28 men, he rode to the residence of Robert Cunningham, Sr., who lived on the Middle Fabius, two and a half miles northwest of Millport (northwest corner of Section 9, Town 63, Range 11, within a mile of the Scotland County line. Cunningham was known as a prominent radical Unionist, and though well along in years had done considerable service in the aid of the Federal cause. He was known as an intense hater of rebels, and between him and them there was little love lost. Ewing meant to take Cunningham's horses, and, it is said, to burn his house, and if he resisted he was to be shot. Arriving at the house some of the Confederates went to the stables and horse lot, to secure the horses, while Ewing, his lieutenant, Dr. Robinson, and perhaps a dozen others, attempted the arrest of Cunningham.

Meanwhile the word had reached Edina that Ewing was at large in the country about Millport, and 100 of the enrolled militia at the county seat were at once mounted, and sent out under Maj. Pugh and a Lieutenant Easley, of Iowa, temporarily in the place. When this force reached the neighborhood west of Millport, word came that the Confederates were at Cunningham's. An advance party led by Maj. Pugh, and having for one of its members Robert Cunningham, Jr. struck by a near route for the Cunningham house. The party reached the house just in time. The Confederates were taking the horses from the stables, and a squad under Ewing had seized Mr., Cunningham. The old man was fighting like a tiger. He was in his dooryard struggling with two or three of his assailants. He had already been shot through the wrist and fore-arm, but had wrenched the revolver from the rebel who had shot him, and was trying to use the weapon himself.

The clatter of the horses of Maj. Pugh's party, as they crossed a little bridge approaching the house, distracted the attention of the Confederates from their struggles with the old man, and they prepared to repel the unexpected attack. The militiamen were coming at a swift gallop, young Bob Cunningham three lengths ahead, eager to rescue his father. Quite a spirited little fight resulted, lasting some minutes. Pugh's party was reinforced by the remainder of the militia, and the Confederates were driven away in disorder and with all ease, leaving behind them fifteen of their own horses from which they had dismounted when they entered the stable lot,

Capt. Bill Ewing himself was instantly killed. His lieutenant, Dr. Robinson, was mortally wounded, dying not many hours later. On his person was found the muster roll of Ewing's company, containing 80 names. Three or four prisoners were taken unhurt, and brought to Edina and eventually sent to the Confederate lines and exchanged. The forces that escaped, their leaders having been killed, were scattered to the four winds, some of them joined other companies, but majority left the service altogether.

On the side of the militia young Bob Cunningham was killed. As he was riding up to the defense of his father he was shot by Dr. Robinson, Ewing's lieutenant, who himself received his death wound a second later. The young man was carried into his own home, and laid out in the presence of his wounded father who was well nigh beside himself with grief and rage. Thereafter Mr. Cunningham regarded all rebels with an intense hatred that was never modified to the day of his death. Taken to Edina to have his wound dressed, he manifested his implacable resentment in his characteristic manner. Dr., Barnett was called to give him surgical attention. As he was beginning operations, Old Bob said to him- "Hold on a minute! If you have one drop of rebel blood in your veins, you shall not dress my wounds, but if you are thoroughly loyal to your country go ahead!"

The gravestone in the Cunningham Cemetery for Robert M. Cunningham has this engraving: Son of R. & R. Cunningham was killed Aug. 22, 1862, Aged 18 yr.6m 22 d. with an American Flag. (I don't know why the date differs from the historical accounts.)

Robert and Rachel had been fortunate in seeing most of their children survive early childhood, which wasn't common in those times. But the Civil War era handed them several family deaths, in and out of the conflict. This little item is found in The Twenty- first Missouri, Sergeant Elias Davidson of Company D died on June 29 (1962) at Louisville, bringing down the curtain on a pathetic family drama. Lucinda Cunningham Davidson had been in her grave beside their infant daughter less than a year in the Cunningham family cemetery back in Knox County near Greensburg. Grief-ridden old Robert Cunningham would in quieter years see his lost daughter's family forever reunited in their companion graves back home.

Lucinda's gravestone is engraved, Lucinda, wife of E.B. Davidson, daughter of R. & R. Cunningham, Sept. ? 1861. The infant daughter's marker reads: Rosalie, dau of E.B. & Davidson, died, Sep 1, 1860, age I mo. 9 days

Two other grandchildren of Robert and Rachel died during the war years. Fanny L. daughter of W. & V.A. Cunningham died Nov. 6, 1861, age I yr. 9 mo 16 d. I am assuming this refers to their son Wilford whose wife was Virginia Funk because the child was buried in the Cunningham Cemetery. There is also an "infant son" Boone born in 1862 and died 25 March 1862 in this cemetery. I believe this is the child of Milton C. and their daughter, Ann Cunningham Boone.

Before leaving the .... topic of the Cunninghams and the Civil War, excerpts from the two above mentioned sources give us a little more family data. From The Twenty- first Missouri we learn: Most of the boys had come from the farms and most of them returned to farms. John H. Cunningham became "one of the leading farmers of northern Knox County for half a century, and he was well known and respected all over the county." There were many Cunninghams in Missouri but because Robert and Rachel had a son John H., and there is mention that the Cunningham boys of Company D later learned of the skirmish at the family farm, and they were from Knox County, I am assuming this is their son. He would have been about 21 when the war began.

The other Cunningham with mention of war service is Wilford. This is taken from Knox County:

Wilford Cunningham, a prominent citizen of Benton Township, Knox County, was born in Harrison County, Ind., December 26, 1826, and is the son of Robert and Rachel (Moyers) Cunningham. The father was a native, of Hamilton County, Ohio.

He was of Irish descent. He was a boatman in his youthful days, and made many trips to New Orleans. This was before many steamboats were on the Mississippi River. He was also engaged in the saw mill business, but the latter part of his life was passed on the farm. He moved to Harrison County, Ind., with his parents, when but nine years of age, and, remained a resident of that county until 1851, when he came to Knox County, MO.

After the war he held the office of register (sic) for one year. He was a Union man, and took an active part during the late war, and freely expressed his opinion. He was shot at while in his own house, and the, same time his son, the brother of our subject, Robert M., was killed. The mother of our subject was born in Shenandoah County, VA. in August, 1805, and is of German descent (alive and still residing in Knox County when this account was written in the late 1880s). Her father came to Harrison County, IND, during the early settlement of the country, and her mother died when she was quite young. Her father was a member of the United Breathren Church, of which she has been a member for the past forty years. Our subject is the eldest of nine children, six now living. He received the rudiments of an education in Harrison County, IND, and assisted his father on the flatboat, in the saw mill, and on the farm. February 18, 1849 he married Virginia A. Funk, who was born in Harrison County, IND, February 28, 1831.

Her parents, Amos and Catherine Brown, were natives of Indiana and Virginia, respectively. They were married in Virginia, and moved to Indiana, and then to Louisiana, and from there to Missouri in 1851. This marriage of our subject resulted in the birth of twelve children - seven sons and five daughters - nine living when the account was written. In 1850 (a year earlier than mentioned just above) our subject moved to some land that his father had entered, in Knox County, MO, and after living on this five years moved to the property that he now owns.

Although starting with very little means, he possesses 215 acres of the best land in the county. During the early part of the late war he was second lieutenant of the Home Guards. After they had disbanded he joined company C, of the Fiftieth Enrolled Militia, was corporal, and was in two skirmishes. Since coming to Missouri he has been engaged in farming and stock dealing. He is an ardent supporter of the Republican party.

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Robert Cunningham was injured in 1862. He lived another 23 years, and Rachel lived another 29 years after their son was killed in their own yard. I had heard about the shooting of a Cunningham by a Ewing from my great aunt, Alice Evaline Chaney Beal. She resented not only Pete Ewing, but Ewings in general. It is interesting to delve into the histories and records for that time and find that their were many Ewings, and like the Cunninghams, some did not know of the connections between the branches with this surname. Ben Ewing, father of the famous Ella Ewing, said that he was not related closely enough with the Ewings in the area to know the connection.

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Notes for Harvey Cunningham

By Mark

Harvey moved his family to Kansas (Ames Chapel / Cunningham Estate area) in 1871 according to daughter Sarah's obituary. This would mean that only the two youngest children, Pete and daughter Octavia (nicknamed "Ollie") were born in Kansas. Since Sarah's obituary reports that she was born in Knox Co. Missouri, one would assume the family emmigrated from the State of Missouri. Knox Co. is in extreme NE Missouri. It is rural and Edina is the current county seat. Information provided by Mr. James Gibbons, Circuit Clerk of Knox Co., MO, indicates that both Harvey and Adaline were born in Harrison Co., IN (see below).

According to Harvey's affidavit of Death, he was a resident of Elk County, KS, on the occasion of his death. He is buried in an above ground vault in the Elk Falls, KS, cemetery. His Civil War troop association is written on the tomb which appears to read: CO 02 D21 MO VOL INF. It is difficult to read. However, from his Last Will and Testament Harvey requests the following be engraved upon his monument: "Sergeant, Company D, 21st Regiment, Missouri Volunteer Infantry".

Upon my request, cousin Shirley Farnsworth Wigton retreived a copy of Harvey's Last Will and Testament from the Elk County, Kansas Courthouse at Howard. Even though Harvey's real property lay in Chautauqua County, KS, the Will was filed in Howard, Elk County, KS, not Sedan. The document was filed by son Pete on October 20, 1917, and recorded in the Wills Book "C", pages 110, 111, and 112, by Probate Judge Persinger. The will reads as follows.

LAST WILL AND TESTAMENT OF HARVEY CUNNINGHAM

I, Harvey Cunningham, realizing the uncertainty of life and certainty of death and being of sound mind and memory and desiring to make a just and equitable disposition of all my worldly goods do hereby make, publish, and declare this to be my last will and testament hereby revoking any and all wills and codiciles thereto by me heretofore made.

Item: - I hereby direct that my executor hereinafter appointed shall immediately after my death sell all of my personal property and from the proceeds thereof together with what cash I may have on hand at the time of my death pay my just debts including the expense of my last illness and funeral expenses and having engraved upon my monument these words: "Sergeant, Company D. 21st Regiment, Missouri Volunteer Infantry."

Item: - I give, devise and bequeath equally to my daughter Sarah Bryan and my son Wiliford Cunningham the residue of my personal property and cash on hand after my debts, funeral expenses, and administration costs have been paid.

Item: - Having already made provision for my son Pete Cunningham, it is my will that neither he nor his children take anything under and by virtue of any of the terms of this my will, save and except the provision made for him as trustee or executor hereinafter contained.

Item: - It is my will and desire that all of the real estate of which I die seized is to be held intact and not sold or divided so long as any of my children shall live. It being my purpose, will and desire that said land be rented and the rents and profits divided among said children and their issue as hereinafter directed and to this end and purpose I give, devise and bequeath all of the real estate of which I may seized of what so ever kind and whatsoever situated to my son Pete Cunningham in trust only for the purposes and objects herein set out. My son, Pete Cunningham is to hold all of said real estate as trustee only and it is my will and I hereby direct that my said trustee shall have full power to manage, control, rent and handle said real estate of which I may die seized for the purposes and object herein set out.

I hereby direct my said trustee to rent and manage said real estate and handle it as may in his judgment be deemed most advisable and I direct my said trustee to annually divide and apportion the net rents and profits among my children and grand children as follows: To George Cunningham, a one-ninth interest, to Mary Ellen McMillen, a one-ninth interest, to the children of Sarah Bryan, a one-ninth interest, to Nancy Richeson, a one-ninth interest, to Ollie Stuckey, a one-ninth interest, to the children of Wiliford Cunningham, a one-ninth interest, to Anthony Cunningham, a one-ninth interest, to Henry Cunningham, a one-ninth interest.

Said trust estate to continue so long as any of my children are living and to this end and purpose I hereby give, devise, and bequeath unto my children and grand children above named, the rights to the net rents and profits as hereintofore set out according to the shares herein named so long as any of the children above named of my body shall live. Upon the death of any of my children above named, the shares of said rents and profits going to him or her shall be paid to his or her children.

Item: - Upon the death of my last surviving child, I hereby give, devise and bequeath said real estate in fee simple as follows to wit: To the children of George Cunningham, a one-ninth interest, to the children of Mary Ellen mcMillen, a one-ninth interest, to the children of Nancy Richeson, a one-ninth interest, to the children of Sarah Bryan, a one-ninth interest, to the children of Nancy Richeson, a one-ninth interest, to the children of Ollie Stuckey, a one-ninth interest, to the children of Wiliford Cunningham, a one-ninth interest, to the children of Robert Cunningham, a one-ninth interest, to the children of Anthony Cunningham, a one-ninth interest, and to the children of Henry Cunningham, a one-ninth interest.

Item: - In the event of the death of my trustee Pete Cunningham herein, it is my will and desire that the District Court of Chautauqua County, Kansas forthwith appoint a successor to said trustee with full power to carry out the terms and conditions of the trust herein imposed.

Item: - For his services as trustee under this will the said Pete Cunningham shall be allowed the sum of $100.00 annually.

Item: - Should any of my children or grand children contest this my last will and testament it is my will that said child or children or grand children so contesting shall take no portion of my estate but that the portion of said child or children or grand children so contesting be divided among the remaining child or children taking said real estate or rents and profits under the terms of this will and said share or shares shall be handled and administered and descend according to the spirit and intent of this will.

Item: - I hereby nominate and appoint my son Pete Cunningham as trustee and executor to carry out the terms and provisions of this will.

In witness thereof I have hereinto set my hand this 12th day of September, A. D. 1917.

Harvey signed with an "X" and his signature was witnessed by C. E. Shaffer, Moline, KS, E. A. Chaffin, Moline, KS, M. F. Arnall, Elk Falls, KS, and Andrew B. McKay, Longton, KS.

It appears, from my reading of the litigation that plagued this family soap opera for nearly 50 years, that 1) Harvey's children were convinced that he was NOT "of sound mind and body" at the time of the will but in fact was very senile and did not even know the importance of what he was signing with his "X", and 2) they were not happy having to share the rents and royalties of the property with their own children, nieces, and nephews.

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Harvey's military discharge certificate and an 1860 census was kindly supplied by Mr. James R. Gibbons, Circuit Clerk & Ex-Official Recorder of Deeds of Knox Co., MO. [POB 116, Edina, MO 63537-0116]. The transcribed census records show Harvey and Adaline with their first five children (George through Anthony), with Anthony being 1 year old. His occupation is shown to be a "farmer" and their location was Benton Township.

The army discharge certificate reads as follows ....

TO ALL WHOM IT MAY CONCERN.

Know ye that Harvy (note that first name is spelled without an "e") Cunningham a Sergeant of Captain Henry McGonigle (spelling unsure), Company "D", 21 Regiment of Missouri Infantry Volunteers, who was enrolled on the fifteenth day of July, one thousand eight hundred and sixty one, to serve three years or during the war, is hereby DISCHARGED from the service of the United States, this eleventh day of February, 1865, at Eastfort, Miss, by reason of expiration of term of service.

Said Sergeant Harvy Cunningham was born in Harrison Co. in the State of Indiana, is 33 years of age, 5 feet, 11 inches high, fair complexion, hazel eyes, light hair, and by occupation , when enrolled, a farmer.

Given at Eastfort (may be Eastport), Miss this eleventh day of February, 1865. Signed by Edwin Moore and Capt. Henry McGonigle.

Captain McGonigle also listed some of Harvey's battles upon the certificate. The handwriting is difficult to read but here is what appears to be written ...

"This country's soldier was engaged in the Battle of Shilough (assumed he meant Shiloh), April 6 & 7, 1862, Battle of Tupelo, July 14, 1864, Battle ? De Russey (?), March 14, 1864, M?hortle, Dec 15 & 16, 1864, Pleasant Hill, Apr 9, 1864, Yellow Bay, March 19, 1864, and many marches and skirmishes while in the southern states. It was signed, Henry McGonigle, Capt Commanding Co. D, 21 Mo I V.