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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 had agreed not to pass through that town. And thus ended the greatest of Morgan's raids.

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.

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. Rue held Morgan, with 364 officers and men and 400 horses, till General Shackelford came up, who held them as prisoners of war. He had taken two or three of their men prisoners, and was using them as guides.

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."