Receiving intelligence on the oncoming attack, Ferguson decided to retreat to the safety of Lord Cornwallis's army. However, the Patriots caught up with the Loyalists at Kings Mountain near the border with South Carolina. Achieving a complete surprise, the Patriot militiamen attacked and surrounded the Loyalists, inflicting severe casualties. After an hour of battle, Ferguson was fatally shot while trying to break the Patriot line, after which his men surrendered. Some Patriots gave no quarter until their officers re-established control over their men; they were said to be seeking revenge for alleged killings by Banastre Tarleton's militiamen at the Battle of Waxhaws, under the slogan "Remember Tarleton's Quarter". Although victorious, the Patriots had to retreat quickly from the area for fear of Cornwallis' advance. Later they executed nine Loyalist prisoners after a short trial.