Tarlton Cunnius
1801 – 1870
Tarlton Cunnius was born in 1801 in Madison Co., Kentucky , the son of Johannes Jacob & Ester Yoder. He married Katherine Nicholas on May 16, 1822 in Jefferson County , Alabama . He and Katherine would have six children before she died in about 1842.
Tarlton & Catherine's marriage license
1822
In 1840 Tarlton and his ever increasing family, were found living in Conway County , Arkansas . They are living in Welborn Township , and he is shown in the Federal Land Records of 1846 as the buyer of 80 acres of land in Conway County , Arkansas . This is recorded in document #4239.
In about 1841 Tarlton and family relocated to ( McKinney ) Collin County, Texas, as a participant in a land grant settlement known as the Peter's Colony.
In Collin County , Tarlton helped organize the Sway Back Methodist Church .
In the book, A History of Collin County, Texas there is this entry: “Rev. John Nobel, Rev. John Cullwell, Rev. Jeremiah Horn, and Rev Tarleton Cunius organized the Sway Back Methodist Church , one and a half miles south of present day Walnut Grove in 1848. All four of them preached there, as did Rev. Jeremiah Martin. Their building was also used as a schoolhouse.”
In about 1846 Tarlton marries Livinia (last name unknown) in Collin Co., TX, and they would have seven children.
In 1858 there appeared an article in the Collin Chronicles (Vol 8, Page 86) written by Elder RC Horn where he talks about his father (RC) buying land in 1858 from John Henry, which was bought from Wm Rice and a portion by Tarleton Cunius. He goes on to say that Tarleton Cunius (Tarlton and Cunnius are spelled several different ways) was a stock man who desired more range for his herds. In 1858 Tarlton sold his home to Maj. Green W. Kerr and moved to Wise County , Texas in 1859.
There is the following article in the book: Buckner, Collin County – Genealogy Friends of Plano Libraries :
Buckner, the original county seat of Collin County was three miles northwest of the site of present day McKinney, Texas . Settlement began in the early 1840s when John McGarrah arrived from Arkansas to claim a headright of 640 acres. McGarrah opened a trading post to serve the growing number of settlers who began to arrive in the area in the mid-1840s and donated fifty acres of land for a town site. Later Tarlton Cunius opened a blacksmith shop near the store under a shed made of tree limbs. For almost five years, Buckner was the only place within forty miles where any kind of merchandise could be bought.
Tarlton’s son, Benjamin “Frank” Cunnius was killed by Indians on their last raid into Wise County . These were probably Comanche Indians, who were on the rampage in this part of Texas at that time.
The following is an article that appeared in " Pioneer History of Wise County " by Cliff D. Cates, compiled under the auspices of the Wise County Old Settlers' Association - 1907.
+++++BRAVE FIGHT OF FRANK COONIS++++++++++
(this incident occurred in ca 1870, perhaps a little prior to 1870, because Benjamin Frank Cunnius is not in the 1870 Wise Co., TX census, and his widow, Ellen is listed along with a child, Louisa age 1. Also living in their residence is a person named; William Cunnius, age 17, who is black.
One day during the period when the Indians had been very active, Frank Coonis left his father-in-law's home near Greenwood , and started to Hickory Plains, where he had been informed a white citizen had recaptured some stolen horses from the Indians.
Coonis and his father-in-law had lost some horses the day before and he made the trip to Hickory Plains, thinking possibly some of the recaptured horses belonged to him
Next morning he had not returned and the neighbors grew suspicious, wagging their heads over Coonis' probable fate.
Wm. Weatherby, Sr., Ishmael Copeland, Jim Cooly and _____ Montgomery started in search. Along the route the buzzards circled over the carcasses of horses killed by Indians on a recent raid through the country.
Arriving in the vicinity of the old keep ranch house, which had been empty for two years, Weatherby was moved to ride by and look in at the windows. His attention had been attracted to the buzzards slowly wheeling about the house.
Here he encountered a gruesome sight. Lying with his head resting on his coat was Coonis, with a great ugly wound in his neck and blood spattered about the floor.
The window casings showed bloody imprints of hands as did also the parts of the neck about the death wound, indicating that changing holds of the casing and neck alternately with his hands, Coonis had fought the Indians a courageous fight from the window. The shells in the chambers of his two pistols were all fired, with the exception of one, which was snapped.
Evidently he had bravely defended himself, but with what damage to the Indians no one knew.
Weatherby crawled upon the corncrib and signaled to his companions to come and assist in the disposition of their dead neighbor's body.
There is a second article published in “ History and Reminiscences of Denton County ( Texas ) ” by Ed F. Bates relating to the “Indian Troubles” in Wise Co., TX and mentions Frank Cunnius.
The Indians encountered a man by the name of Frank Cunnius and ran him to the old keep-house in the upper edge of Denton County ; before he reached the house they wounded him in the neck. Though wounded and bleeding as he was, he fought the Indians away from the house, but died before his friends found him. Two miles farther northwest the Indians killed Severe Fortenberry and went on west driving a very large herd of horses.
About three or four miles below Forestburg the white men overtook them and captured most of the horses, returning them to their owners. Following this raid there were several others made in the same region, but I am sure a more gifted pen will write of them.
In 1870 a band of about forty Indians came down through the timbers of West Fork of the Trinity and crossed over to the head of Morris Branch and camped for the day in the upper grove of timber of that branch. During the day Nick Dawson rode out to look for some of his horses and seeing the Indian’s horses grazing about this grove supposed them to be cowmens and rode down to inquire of his horses. When he was very close the Indians discovered him and mounted their horses and gave chase, after running him for three miles they overtook and killed him.
This was near the close of the Indian troubles. The last raid was made on August 23-24, 1874 , when the Indians came down by Decatur and swept north along the line of Denton and Wise counties, going out the divide between Denton and Catlets Creek, carrying about 135 head of horses. About eight miles northwest from Decatur just after sunrise on the morning of the 24 th , they came to the home of Mr. Huff and there being no men at home they killed Mrs. Huff and her two daughters. The mother was killed under the floor where she tried to hide and one of the girls was killed in the yard just in front of the door. The other girl was killed nineteen yards northeast of the house. The mother and the girl that was killed in front of the door were both scalped but the other one was not.
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Tarlton Cunnius had another son, James H. Cunnius, who would become even more infamous for his actions in Indian Territory ( Oklahoma ) in 1877.
The Larkin Cunnius mentioned in the following documents was James’ brother.
The following story from the Fort Smith Weekly Elevator of [Friday] April 15, 1887 , concerns a shootout in which a young African-American, Crowder Nicks, played a prominent role. At the time Nicks did not hold a deputy marshal commission, but his outstanding action in this incident undoubtedly helped him receive one.
WM FIELDS MURDERED
The Successor of Sam Sixkiller Shot
While in the Discharge of His Duty.
The U.S. Indian Police Again Without a Captain
James Cunnieus, His Slayer Lodged in Jail.
He Pleads Guilty of the Murder.
United States Marshal Carroll received a dispatch on [ Apr 4, 1887 ] Monday morning last, stating that Capt. Will Fields, of the United States Indian Police, had been killed the day previous [ Apr 3, 1887 ] by Jim Cumming, whom he was endeavoring to arrest for larceny. This startling intelligence created a profound sensation among the many friends of Fields in this city, and more especially in court circles, and Mr. Carroll immediately wired to Muskogee for particulars, and in reply received a telegram that the murderer was under arrest, had acknowledged that he was guilty, and would be forthwith started to this place in the charge of Deputy Marshal Bud Kell.
That active young marshal arrived here on Wednesday with the murderer, whose true name is James Cunnieus ; also with Nark Cunnieus [real name Larkin A. Cunnius, and I believe they just mistyped his name. It should have been Lark], brother of James, and Ed Leeper, whom Fields had under arrest when killed. From Marshall Kell we got the following particulars of how poor Will Fields lost his life:
It appears that Jim and Nark Cunnieus and Ed Leeper, who is a young fellow, broke into a Missouri Pacific freight car and stole some 800 pounds of flour and three caddies of tobacco, which they carried to their camp, where they were engaged in making railroad ties. Old man Leeper, the father of Ed was apprised of the theft, and not approving of such conduct, reported the matter to Fields, who was a detective on the road as well as a deputy marshal. He secured writs for them, and on Sunday morning last arrested young Leeper and Nark Cunnieus nine miles northeast of Eufaula, Creek Nation. Leaving them in charge of other parties, he took with him a colored man named Crowdy [Crowder] Nicks and proceeded to a camp fifteen miles from Eufaula for the purpose of arresting Jim Cunnieus. Fields and Crowdy approached the camp on foot and met Cunnieus who was riding a mule and was armed with a shotgun and revolver. Fields “threw down” on him with a Winchester, saying, “Jim, I’ve got a writ for you, throw down your gun,” but the words had scarcely issued from his lips when Cunnieus fired on him, inflicting a scalp wound, and as quick as a flash jumped from his mule and converted the animal into a breast work. As he dismounted Fields fired on him, when Cunnieus returned the shot with the remaining barrel of his gun, putting turkey shot in the left breast of the brave officer, the balls being scattered from his waist to his neck, and falling to the ground he almost instantly expired. This all happened almost in an instant, and as soon as Cunnieus fired the last shot from his gun he threw it down and drew a revolver and began shooting at Crowdy Nicks, who returned the fire, and the two men kept up a running fight for a distance of a quarter of a mile through the woods, when Crowdy finally put a ball through the left thigh of his antagonist … and he soon threw down his pistol and surrendered to the plunky negro. During the skirmish they exchanged forty or fifty shots, and Crowdy’s clothes were perforated with bullets in several places.
Cunnieus was born and raised near Decatur , Wise County, Texas , and from there move to Washington Territory [ Washington state], where it is said he is wanted on two charges of murder. From there he went into the Indian Territory , where he claims to have lived since June last.
The tragedy created great excitement at Eufaula, and in fact throughout the Territory. The friends of Cunnieus threatened to rescue him, and the people of Eufaula and vicinity were in for hanging him. The killing occurred between 12 and 1 o’clock , and a telegram was sent to Muskogee summoning Bud Kell to the scene. When he arrived there he found the excitement intense, and fearing the prisoner would be lynched, he boarded the first train with him on Monday morning had him safely locked in jail at Muskogee . Here excitement soon became general and lynching was strongly talked of, but Kell kept his man well guarded and got off with him early on Tuesday morning by stage for this place [Ft Smith, AR]. At Webber’s Falls he was met by a crowd of men, one of whom had a rope, but this vigilant officer hurried on through and no violence was attempted.
William Fields, the murdered man, was a brave and generous officer; a man who was highly esteemed by every one acquainted with him, and greatly admired for his manly, unassuming, genial disposition – in short, he was an honest, honorable, high-toned gentleman. His tragic death adds another bloody page to the history of Indian Territory .
(The following was taken from the actual article in the Weekly Elevator, (Apr 5, 1887) that is on microfilm and very difficult to read)
[James] Cunnius entered [a] plea of guilty to the charge of murder before Commissioner Tufts of Muskogee , and says he expects to be hung for it. His only excuse was he thought Fields was going to kill him. He takes the matter with the utmost indifference, evincing no signs of regret, but on the contrary, laughed, joked and was jolly all the way down.
A special grand jury was impaneled yesterday morning [ Apr 10, 1887 ] and he will be tried right away, the chances being that he will be hung within ninety days or less time. Old man Leeper will testify that Cunnius swore he would kill the first man who attempted to arrest him.
Nark Cunnius takes the matter much more than his brother, saying he regrets very much that he did not go with Fields when he went to make the arrest. He believes there would have been no trouble if he had been present.
(Note from Lynn Wright, webmaster of this web site: Lark Cunnius plead guilty to larceny on April 15, 1887, and was sentenced to one year in prison. At the time of his sentence there was no suitable prison in Arkansas, so Larkin was sent to the Southern Illinois Penitentiary at Menard, Illinois to serve his time. He would die in poverty in Holdenville, Hughes Co., Oklahoma on Christmas day, 1925. He was so poor that the county had to pay for his burial expenses.)
William Fields, the murdered man, was a brave and generous officer who was highly esteemed by every one acquainted with him and greatly admired for his manly, unassuming genial disposition – in short; he was an honest, honorable, high-toned gentleman. His tragic death adds another bloody page to the history to the Indian Territory .
On the 25 th of January last, Capt Sam Sixkiller was murdered at Muskogee and a few days later Fields who was his trusted 1st lieutenant, was appointed to the position made vacant by his death and now his mutilated body has been laid away at Atoka where his wife’s relatives reside. His bright career having been brought to an sudden and dreadful end while the life of a young wife and mother has been rendered desolate at the hands of a murderous thief and vagabond where own life is hardly worth the taking.
Crowdy Nicks, the negro who displayed such bravery to arresting the suspect single handed, deserves great praise for his act and in appreciation of it, a contribution of $131 was given up on his arrival here and presented to him as a reward. The citizens of the Territories should double the amount.
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Statements of material witnesses, Crowder Nix, Thomas J. Cowan & William H. Leeper before the Grand Jury in the Western District of Arkansas on April 11, 1887 .
T.J. Cowan, being duly sworn, deposes and says:
I reside near Homis, I.T. and know the Defendant in this case.
About 6 miles east of Checote Station I.T, I was working with Defendant, making railroad ties. Yesterday I was around the creek when Deputy Billy Fields came up and said to me; “Consider yourself a prisoner.” I said; “all right,” but Fields said he was mistaken and asked where Jas Cunnius (Defendant) was. I told Fields that Cunnius had gone to the railroad and that he would be back immediately. Fields stayed around and pretty soon Defendant came up with a gun in his hand riding a mule. I heard Fields say to Defendant; “Jim put that gun down,” several times. Fields said something else at that same time but I did not understand what it was. Defendant was about 20 steps from Fields, Defendant then threw his leg over the saddle and brought his gun down toward Fields and fired instantly, and immediately afterward Fields fired at Defendant. Fields then attempted to reload his Winchester when Defendant fired again and Fields fell. Defendant fired with a double-barrelled shotgun and from the appearance of the clothing Fields was shot with what’s called turkey shot. Fields was shot in the left breast and lived about 5 minutes after he was shot. I left the ground immediately after Defendant fired the second shot but returned again in a few minutes (the next sentence is crossed out: I saw Crower Nix about 10 or 20 steps from Fields when the shooting took place)
Fields had his police uniform on.
/s/ Thomas P. Cowan
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Wm H. Leeper being duly sworn on his oath deposes and says. I live about 6 miles east of Bond Switch in the Cherokee Nation and I know Defendant in this cause.
About 2 weeks ago Defendant said to me that if I give him away about that flour business, he would kill me, and he would also kill any body who attempted to arrest him, by the “flour business” he meant that flour that he had taken from the car at Bond Switch and that he knew I knew all about. He also said that if I did not leave the country he would kill me. Deputy Fields and Mr. Kinney were around the neighborhood in December looking for the flour and had mentioned this to me before this conversation occurred, and they doubted me. Defendant, Lark Cunnius and Jno Leeper told me about stealing the flour from the car and said that it was shipped to them by R.D. Binker(sp) and put off at Bond Switch but after thinking over it they decided to tell me the truth about this was how I came to know of the affair.
/s/ William H. Leeper
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Crowder Nix being duly sworn on his oath disposes and says I live at Eufaula, I.T., and I know Defendant in this cause.
Yesterday Deputy Field started out from Eufaula, I.T. to arrest one Jas Cunnius for whom he had a warrant. I went along with him to aid him in making the arrest. When we arrived at the tie-camp where Defendant stayed (about 6 miles east of Checote Switch), we learned that Defendant was gone and would be back in a little while; we waited until a few minutes after 12 o’clock when Defendant came up riding a mule and had a shot gun across his saddle. Fields went toward Defendant and said “Jim, I have a warrant for you, put down that gun.” Defendant said “What!” and threw his leg back across the saddle and fired one shot from the shotgun at Fields, and then jumped from his mule and fired again. Billy Field fired at Defendant immediately after the first shot of Defendant and was in the act of reloading his gun when Defendant fired again. I turned around and Billy said to me “Crowder I’m shot,” and said something else which I could not hear, he was falling when he said it. Fields had his police uniform on and could have been seen by Defendant that he was an officer. I arrested Defendant and afterward saw Fields lying dead on the ground where he fell.
/s/ Crowder Nix (his X mark)
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The following is the transcript of the hearing held in the Cunnius murder charge. This document was obtained from the National Archives, Ft Worth, TX, and is identified as ID#5678, Year 1887, Jacket 47.
The United States Court , at Fort Smith , for the Western District of Arkansas .
The United States , Plaintiff :
Vs : ss
J.H. Cunnius, Defendant :
Now comes the above named J.H. Cunnius and says: he is the above named Defendant; that he cannot safely proceed to trial now, in the above cause, for the want of material testimony which he has been unable to procure. Said testimony is that of Mr. Tiggs, Sr., whose first name is unknown to affiant; J.H. Johnson; Jeff Tigg; James Garrett; Tom Cowan; Will D. Harris and Russel Talley, who reside near South Haven, Indian Territory; and James Eads (this name crossed off in document and a note is written in the left margin that reads: “Defendant, with permission of the courts will substitute for James Eads, Wm Chism, who resides near the other named witnesses in the I.T. and by whom he can prove the same facts”), who resides at Greenwood, Texas (Greenwood, Texas is crossed off in document).
Affiant will prove by said witnesses that on April 10, 1887 said Mr. Trigg, Sr., in company with Defendant, were engaged in cutting railroad ties in the Indian Country near South Canadian, where Officer Fields was killed, as contractors; that they were camping together, and that Defendant and Mr. Tigg Sr. on the morning in question went to locate a suitable place for a tie yard; that they had often been warned that the Cherokee Indians were threatening to mob their camp, and drive the tie-cutters out of the country; that on the return of Defendant and Mr. Tigg, Sr., to the camp on said day, and while yet about 50 yards from said camp, as they approached the camp, Officer Fields appeared from the north side, and Officer Nick from the south side of the tent, and as said officers jumped from their hiding places, they in a hurried and excited manner, advanced towards Defendant and Mr. Tigg Sr, Officer Fields holding his Winchester in a shooting position, and Officer Nick holding a six shooter in like manner. That neither Officer Field nor Officer Nick notified Defendant that they or either of them were officers, or that they had any writ or process for deft. Neither did they or either of them demand the surrender of deft., but as the said officer approached as aforesaid, the Defendant was riding with both limbs on the left side of his mule his right leg thrown over the horn of his saddle, and the first move Defendant made was to properly seat himself in his saddle, and at this time and before Defendant was properly in his saddle, Officer Fields discharged his Winchester at Defendant and had thrown in his Winchester, another cartridge, and was in the act of shooting at Defendant the second time before any shot was fired by Defendant. That after Officer Fields had been shot, and the Defendant wounded in his thigh by Officer Nick, he, Officer Nick, rushed upon Defendant and told him that he was an officer and had a warrant for him. The Defendant, J.H. Cunnius, then said to Officer Nick: “I will surrender, and I would have done so at first if I had know you were officers, but I thought you were the Cherokees come to mob us and drive us from our tie-camp as they had threatened to do.”
Affiant will prove by Will D. Harris & Russel Talley that the Cherokee Indians had threatened to mob the camp and run the tie-cutters from the country, and that these threats had been communicated to Defendant.
Defendant will prove by James Eads, Sheriff of Wise Country, Texas, that he has known Defendant for many years, and that his reputation is that of a peaceable, quiet, honest hard working man.
Defendant further says the above statements are true, and he can prove said facts by said witnesses; and that said evidence is material as it shows no malice or premeditation, but tends to justify any overt act the Defendant may then and there have committed.
The evidence of Messrs Harris and Talley had about the same significance, in as much as it shows the Defendant was deceived by the character of the attack and the persons making the same; besides showing Defendant’s camp had been threatened and that his conclusion that the party making the attack were Cherokees carrying into execution their threats, was rational. That the evidence of James Eads is material as has been suggested to establish Defendant’s good reputation.
The Defendant further says he is unable, because of his poverty to procure the attendance of said witnesses, having no money or means with which to pay them or the expense in securing their attendance.
Wherefore Defendant, prays the Honorable Court to continue said cause and order the subpoenas to go out for said witnesses; and owing to the importance of this case and the necessity of sufficient and ample time in which to prepare to meet the highest charge known to the law, giving Defendant’s attorney an opportunity to make needed preparations, and at the same time not neglect their business, Defendant prays for a continuance of his trial for a period of not less than 60 days.
/s/M.M Edmiston
Atty for Defendant
State of Arkansas :
County of Sebastian :
J.H. Cunnius of lawful age being duly sworn on his oath says: he is the above named Defendant; that he has heard read the above and foregoing application and that the matters and things therein contained are know to him and the same are true to help so god.
/s/J.H. Cunnius
Subscribed and sworn before me this 18 th day of April 1887.
/s/ Clerk of court
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The following information was gleaned from several other official sources:
The grand jury met on April 13, 1887 to consider the charges against James Cunnius and they handed down an indictment for murder. His trial was scheduled for July 4, 1887 at the U.S. Court Room , Fort Smith , Arkansas .
On May 25, 1887 , forty-one days after he was jailed in Ft. Smith , at the age of 35, James Cunnius died from what is described on his jail record as “dysentery.” However, it can be assumed he died from complications of his gunshot wound to the thigh. It is also assumed by me that his jailers thought he would be hung anyway, so it wasn’t worth the expense to treat him. Remember, he had murdered a law enforcement officer.
He was buried in a pauper’s grave in what was called City Cemetery (Now the Oak Cemetery ) in Ft Smith, Arkansas . He was buried in Section 24, and his grave was marked with a metal stake. However a municipal building was constructed over this portion of the “paupers” cemetery.
It is alleged that James Cunnius was also wanted for two murders in the state of Washington .