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[50]

Colonel Scott, with the Forty-fourth Virginia, reached Beverly on the 10th. On the 11th, under conflicting orders from Garnett and Pegram, he marched and countermarched, finally approaching the Rich mountain gap close enough to hear the victorious cheers of Rosecrans' men, which persuaded him to fall back toward Beverly, with intention to join Garnett. By a misunderstanding, his lieutenant-colonel marched the command toward Huttonsville, and on receiving information that Garnett was about to retreat, Scott continued this movement on the 12th beyond Huttonsville.

While Rosecrans was fighting in the gap, McClellan drew up his remaining force in line of battle, ready to assault as soon as he should hear the musketry of Rosecrans, his engineer meanwhile cutting a road to a knob south of Camp Garnett, from which his artillery could enfilade its intrenchments, McClellan waited all day, but had no word from Rosecrans and heard no firing. The repeated cheers of the Confederates in the works before him led him to believe that the flanking movement had been unsuccessful, so he ordered his men back to camp, with intention to assault at daybreak next morning. Just as his guns were moving into position, early on the morning of the 12th, Rosecrans marched down and occupied Camp Garnett, and sent one of his troopers to notify McClellan. In the camp Rosecrans captured some 69 officers and privates, some wounded and others left on picket.

At about 11 p. m. of the 11th, having heard nothing from Pegram, Heck, at the instance of several of his company officers, called a council of war, which he informed of Pegram's orders to hold his position until he heard from him, which might not be before morning, as he had determined to attack Rosecrans either that night or in the morning, and he considered it his duty to remain and await orders. As these officers were about to return to their posts, expecting a Federal attack very soon, Pegram came in, told them what had happened, that he had decided not to make an attack, and had ordered Tyler to retreat with the men selected for that purpose. He then said that, being exhausted by his efforts during the day and night, and having been injured by being thrown against a tree by the shying of his horse, he would remain in camp and surrender; but he directed

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