Cops
Jesse Caudill - former Lieutenant Colonel, 13th Kentucky Cavalry (CSA)
John H. Candler - former Captain, 48th Virginia Infantry
Robbers
John Burdine - leader of the robbers
Thomas Cunningham - patriarch of the Cunningham family
Oliver Cunningham - son of Thomas
John Combs - son of "old Alex Combs"
Elkanah D. Snapp - son of William A. Snapp, married to John Combs' sister
William Snapp - either the father or brother of Elkanah D. Snapp
Witnesses
Philip Jerome Reynolds - served in 22nd Virginia Cavalry
Nat S. Dickenson - served in 16th Virginia Cavalry
Riley Suit - served in 37th Virginia Infantry
Elbert S. Fugate - noted Doctor in Russell County, paid for a substitute to serve in War
Thomas Cunningham lived in the Moccasin District of Russell County during the Civil War. He had a large family including his sons Oliver and Elbert C. Immediately after the war, in the spring of 1865, Thomas and his son Oliver were apparently connected to a band of robbers operating in Russell County.
The County Law Order Book for November 9, 1865 lists the various indictments against members of the gang.
[To be added - indictments]
The County Law Order Book for December 5, 1865 details an indictment against robber William H. Collins.
[To be added - indictments]
These excerpts from an 1890 Chancery case tell the story.
1890-23, p. 24
Deposition of P. J. Reynolds
QUESTION: Didn't you hear him [Thomas Cunningham] & his boys spoken of & discussed in connection with certain robberies committed in this & other neighborhoods in this county just after the war?
ANSWER: I didn't hear his name [Thomas Cunningham] connected with it as I now rember of but it was one of his Boys Olliver.
QUESTION: Didn't Oliver live at Thomas Cunningham's his father at the time of these robberies & did you not hear & understand that stolen goods &c was at said Thomas Cunningham's house & that he afterward returned said goods, or some of them?
ANSWER: I heard that Olliver belonged to the Robber Band I never heard that Thos Cunningham was connected with it until this morning in this yard & heard it from Mr C. H. Dickenson.
p. 37
N. S. Dickenson
QUESTION: Are you acquainted with the general reputation of Thomas Cunningham & sons for Honesty, Morality &c in the neighborhood in which they live? By Sons I mean Elbert, Elijah & Olivar.
ANSWER: Yes Sir I am acquainted with their reputation.
QUESTION: What is that reputation good or bad
ANSWER: Bad as to Thos Cunningham and his son Olivar who is now dead as to honesty. In the Spring of 1865 Thos. Cunningham and his son Olivar were connected with a band of men who where systematically robing citizens on Mocasin and else where and it was the common report and talk that Thomas Cunningham the father of E C Cunningham kept and concealed the stolen goods, his son Olivar who was actively engaged in the robbing was at that time living with his Father Thos Cunningham. I remember that N. E. Burdine told me that Thos. Cunningham returned Flour to him which had been stolen from him by this same band of robbers. Jessee Caudill raised a band of men in Spring of 1865 and shot two of the robbers and was upon the even of shooting others of them when it was agreed by them that the goods which they had taken should be returned by them to the parties from whom they were stolen as far as it was possible to do so. It was in accordance with this agreement that these goods were returned to Burdine by Thos Cunningham.
...
QUESTION: Who of his [Thomas Cunningham] neighbors said that he concealed stolen goods for the robbers state their names fully.
ANSWER: I don't remember but two persons one of them was John Combs who was one of the Robbers and who acknowledged this to me, and N. E. Burdine.
QUESTION: Did N. E. Burdine tell you that Thomas Cunningham belonged to or was connected with the Band of Robbers
ANSWER: That was my understanding.
QUESTION: Who is John Combs and is he dead of alive if Dead how long since he died?
ANSWER: John Combs is a son of old Alex Combs, and is dead. Can't state how long he has been would say 12 months or more.
p. 52
Riley Suit
QUESTION: Are you acquainted with the general reputation of Thomas Cunningham and his family in the naborhood in which they reside for honesty, morality, and general integrity of character?
ANSWER: Yes sir.
QUESTION: What is that reputation good or bad?
ANSWER: It is very bad as to some of them. They told me that Thomas Cunninghams house was headquarters for this robbing gang just after the war, and Thos Cunningham had the Futher reputation of having concealed the stolen goods of this gang on his premises. This clan stole a good deal from this naborhood and elsewhere. Mr N. E. Burdine told me that Thos Cunningham returned some flour & other things that had been taken from him. Mr Burdine said Mr Cunningham did this under and agreement that no more of them should be killed if the goods were returned. I suppose he was in the company that is what they told me. I understood his name was on the list or role when they captured the name who had the role.
p. 244
John H. Candler
QUESTION: Were you in any way just after the war connected with a band of citizens organized for the purpose of putting down a gang of Robbers who infested this & other communities of this County?
ANSWER: in 1865 I think I belonged to such an organization.
QUESTION: State if you know, who was the head of the Robbers & in what community did they belong?
ANSWER: John Burdine Bro of N. E. Burdine of this community was the leader most of the Robbers belonged to this community except a company brought in by a man by the name of Capt. Fauble [sic Caudill], his & Burdines Co were together a good deal here & in the lower end of the co.
QUESTION: Were you at any time along, when a search after stolen goods was made - if so, state when it was under what circumstances & where did you go to search?
ANSWER: I was a long when a search for stolen goods taken by these Robbers was made this was in 1865 after the Robbing was put down there was an agreement with those who had lost goods & property that said goods & Property should all be brought & deposited at Oak Grove Church in this community. We had a Pretty correct list of the Property stolen we found after Examining what was brought back to the Church that there was a good deal that had not been Returned. It was then that I went out with the crowd to look for the Remainder. We were told several places where the goods were probably deposited & told where we would find stolen goods. We first went to Elkana Snaps we found at his house a secret place for the reception of stolen goods it was under the back porch floor. Next to uncle Billy snaps we found a similar place there we went from there to Mr Thos Cunninghams as we went we met Ollivar Cunningham we turned him back & made him go back with us he was armed & we disarmed him we went to Mr Thomas Cunninghams and found a similar place there this place was under the cutting room floor were were were directed to look it was a right smart square of a place dug out beneath the cutting room floor.
QUESTION: Give me if you please some idea of the dimensions of this place beneath the cutting room floor was it recently dug &c?
ANSWER: A man might have stood erect in this place I speak of but I hardly think he could the place was pretty much the size of the cutting room it seems to have been dug since the stable was put up & it might have been dug a year of more & possibly might have been dug 2 years from the appearance of the dirt you could hardly tell when it was dug in fact I couldent tell when it was dug.
QUESTION: You stated that you went out with some men to search for a remainder of goods & property that had not been brought up, is this correct?
ANSWER: Yes sir.
QUESTION: Was not the property & goods brought back to the church, returned by the robbers in the most secret manner to the church?
ANSWER: That was the object of the church being selected in order that the Robbers might not be exposed.
QUESTION: As a fact did not your neighborhood believe that the whole Cunningham family was aware of these Robberies & of Oliver's part in them & that stolen goods were in their house & premises?
ANSWER: I believe that was the impression and general opinion at that time.
QUESTION: As a fact did not the place under the cutting room that you have spoken of have the appearances of having been recently used?
ANSWER: Yes sir I think it had it had that appearance.
p. 257
E. S. Fugate
QUESTION: State what you know if anything about the connection of the Cunningham family or any of them with certain robberies committed in 1865?
ANSWER: I never heard of any of them being connected with it except Olliver he lived at that time at his fathers Thomas Cunninghams. I have tried to forget their mother as much as possible more particular as Olliver was a good friend before and after this unfortinate affair that Olliver got into be acknowledged to being in this affair & by his being with them he saved me from being Robbed that is what he told me that it was through his influence.
I'll check the criminal court records to see if there is any more information on these robberies.
