War of the Rebellion: Serial 034 Page 0810 KY., MID. AND E. TENN., N. ALA., AND SW. VA. Chapter XXXV.

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do so. General Morgan came out and demanded of Captain Curry to know upon what terms he would let him through. Captain Curry asked upon what terms he wanted to go through. Morgan said if we would let him pass through without firing on him, he would do so, and agreed not to disturb any property. Captain Curry agreed to do so. He then asked Captain Curry to guide him through the county a piece. Captain Curry said he had no horse, and turned around and says to Captain Burbick, "Will you do it? I agreed to do it. I asked General Morgan how far he would take me. He said he would not take me very far. I asked him if he would let Maus return with me. He said he would. General Morgan asked me the nearest road to Achor. I told him by way of Elkton, and told him I would go as far as Elkton, with him. The next think of any importance he asked from me was if I would accept a surrender of sick and wounded soldiers. (this was 2 miles after we left Gavers, and no other union man with me except Maus.) He said he had been traveling for forty days, and had a fight every day, and would surrender to me arms, equipments, and horse if I would let them go home. I agreed to do so. We rode together about one-half mile farther. He was falling back from some cause or other. He rode forward, and asked if I would accept a surrender of his whole force. I asked him on what ground he wanted to surrender. He said on the ground that his men and officers should be paroled to go home. He agreed to give up his arms and equipments, not excepting his side arms. I told him that i not understand the nature of a surrender. He dais he dad a right to surrender to any one. He said he wanted an answer right off, yes or Numbers I told him I would accept of his surrender. He then took his pocket handkerchief out of his pocket, and tied it on to a stick that I was using as a riding stick, and told me to ride to his rear as fast as I could ride; that our men were right upon them. I did so, in company with one of his officers (think Captain [E. D.] Warder.) General Morgan seeing the condition, saw our forces going around to thread him and that I could not get up in time with my flag of truce. Another flag of truce was immediately sent around to meet them across the fields by Lieutenant Maus, the one that was a prisoners. I came roads back the length of Morgan's line, and met our men forming in battle line, Major rue in front, as I believe. He asked me on what conditions we surrendered. I told, him I was not one of Morgan's men, but Morgan had surrendered and sent this flag of truce. He asked me on what terms he had surrendered. I answered the same terms as stated above. He asked me what the amount of our forces were. I told him I had no force; that I was only a guide, piloting him (Morgan) through the country . Major Rue immediately sent for General Shackelford, who was in the rear of our forces. Then Major Rue advanced forward to Morgan, and escorted him to the rear of his (Morgan's) line. I rode back through Morgan's ranks to the near and before I returned they had started with the prisoners to Salineville.

I was captain of no militia volunteers, or any other force of men, but was appointed that Sunday morning as captain by the men that went out with me on horseback, there being some 15, or 20 in number. Charles Maus, who was taken prisoner, was appointed first lieutenant. The person whom I supposed to be Major Rue is about 6 feet high, about thirty-five years of age, hair black a very heavy beard or whiskers, and was riding a dark-colored horse.

Respectfully,

JAMES BURBICK.

Attest:

L. W. POTTER.