vern. The second shot did not hit
anything. One of Shackelford's officers rode across the field and
inquired, "What are you fools shooting at?" The colonel then
learned, to his astonishment, that Morgan was at least two miles
out on the Richmond road. Many who had been conspicuously absent
then showed themselves, and the daring deeds and hairbreadth
escapes which came to light are not to be lightly referred to. At
least a dozen dead rebels, it was said, would be discovered in
the fields when the farmers came to cut their oats, but for some
reason the bodies were never found.]

At Salineville he found Morgan, pursued by Major Way, pushing for
Smith's Ford on the Ohio. Breaking into trot and gallop, he outmarched
and intercepted the fugitives at the cross-roads near Beaver Creek, and
had gained the enemy's front and flank when a flag of truce was raised,
and Morgan coolly demanded his surrender. Rue's threat to open fire
brought Morgan to terms, when another issue was raised. It was now
claimed that Morgan had already surrendered, namely, to a militia
officer, and had been by him paroled. This "officer" turned out to be
"Captain" James Burbick, of the home guard.[10] Rue held Morgan, with
364 officers and men and 400 horses, till General Shackelford came up,
who held them as prisoners of war.

[Footnote 10: General W.T.H. Brooks says in his report:

Morgan had passed a company of citizens from New Lisbon, and
agreed not to fire upon them if they would not fire upon him. He
had taken two or three of their men prisoners, and was using them
as guides. Among them was a Mr. Burbick, of New Lisbon, who had
gone out at the head of a small squad of mounted men. When Morgan
saw that his advance was about to be cut off by Major Rue, he
said to this Captain Burbick: "I would prefer to surrender to the
militia rather than to United States troops. I will surrender to
you if you will agree to respect private property and parole the
officers and men as soon as we get to Cincinnati." Burbick
replied that he knew nothing about this business. Morgan said,
"Give me an answer, yes or no." Burbick, evidently in confusion,
said, "Yes."

James Burbick sent a statement to Governor Tod, in which he said that he
was not a prisoner with Morgan, but that he was guiding him voluntarily
away from the vicinity of New Lisbon, after Morgan ha