 On August 5, 1862, in a second engagement at Malvern Hill, Virginia (not to be confused with the earlier Battle of Malvern Hill), Benson's battery engaged two regiments of Confederate infantry and an artillery battery in the early hours of the morning.He was mortally wounded during the fire when his leg was broken by the fragment of a burst shell from one of Battery M's guns .Benson was removed to the hospital transport steamship "S.R.