McClellan's staff and some twenty cavalry brought a note to "John Pegram, Esq., styling himself Lieut.-Col. P. A. C. S.," saying he would receive his officers and men as prisoners of war, but could not relieve them from any liabilities incurred by taking up arms against the United States. Pegram accepted the terms offered, but when he formed his companies to march to Beverly, he found that Moorman and his forty brave mountaineers had left during the night, taking the Seneca road, as he had proposed. These in due time reached Monterey, as could all of Pegram's command had he boldly pushed forward as Heck and Moorman urged. Pegram surrendered 23 officers and 259 men of Heck's regiment, and 8 officers and 166 men of his own.
Returning to General Garnett, we find that late in the afternoon of the 11th a messenger informed him that the Federals were in possession of Rich mountain in Pegram's rear, and by that time were probably in Beverly. It is asserted that this messenger also reported the road blockaded between Beverly and Laurel hill by trees felled across it; which was not true. Threatened by Morris' large force in his front, and, as he supposed, by a large one under McClellan advancing to his rear and occupying his line of retreat to Staunton, Garnett evacuated Laurel hill about midnight, and fell back to Leadsville, about halfway to Beverly, where he took a rough country road, leading northeast by way of New Interest and across Cheat river to Red House, in western Maryland, on the Northwestern turnpike leading from Wheeling across the mountains through Hardy county to Winchester. On the 12th, late in the day, he encamped at Kaylor's ford of Shaver's fork of Cheat river, after a march of some 15 miles from Leadsville, his rear extending back some two miles. He resumed his retreat about 8 a. m. of the 13th, with Taliaferro's and Jackson's regiments, Hansbrough's battalion, a section of Shumaker's battery and a squadron of cavalry in the lead, followed by his baggage train, with the First Georgia, the Twenty-third Virginia, Lanier's section of artillery, and Captain Jackson's cavalry in the rear. The continuous rains and the passing of the trains cut up the road and made progress slow. Before he could cross Kaylor's ford the enemy fell on his rear. Garnett then rode back, placed the First Georgia in position, and held the enemy in check
