at the battle of bentonville on march 19, 1865, elliott ordered his brigade to charge the union left flank when he found that his line overlapped the union line. the union skirmish line was surprised and put to flight. the brigade's success did not last as they were broken and sent into retreat when they charged the strong union main line, which was supported by artillery. at the point where the confederate retreat halted, in the middle of an artillery barrage, elliott tried to reform his brigade for another assault, despite receiving a piece of shrapnel in his leg. in the event, confederate commanders saw that the brigade was too shaken to make another attack and they were ordered simply to kneel or lie down and hold their ground. elliott had again received another serious wound. his brigade surrendered with johnston's army at bennett place near durham station, north carolina. elliott had been sent home to convalesce from his latest wound before johnston's surrender. although the eichers found no record of his parole or pardon, in his 1866 eulogy, trescot noted that he had received a special executive pardon at the request of union general quincy gillmore, commanding at hilton head island near elliott's hut.