Nevertheless, the 1st and 5th Kentucky Rifle Regiments and the 1st Volunteers continued to hold out in Frenchtown. Losing 5 killed and 40 wounded, they had succeeded in taking a heavy toll on the British artillery. Their marksmen had killed or wounded all but one member of the gun crews manning the three cannon in the center of the British line, plus 13 of the 16-man howitzer crew. They had also brought down many infantrymen. Now, however, they were finally running out of ammunition, having repulsed three British assaults. Gen. Proctor demanded Winchester order his remaining men to surrender. Otherwise, all would be killed and Frenchtown burned. Procter insisted on an unconditional surrender and refused Winchester's counter-proposals, since Winchester was already his prisoner. Major George Madison, a United States officer still on the battlefield, persuaded Procter to accept a surrender on the promise that all would be protected as prisoners of war.