On October 8, Hill's Third Corps and Ewell's Second Corps attempted to reproduce Jackson's flanking maneuver of August 1862, but the Army of the Potomac slipped the trap. Hill assaulted a Union position on October 14, but due to improper reconnaissance were surprised by the II Corps under Gouverneur K. Warren and brutally repulsed. The 41st Virginia and the rest of Anderson's Division, who had been in reserve during the battle, took up a defensive position through the night, then joined the rest of the army as it retreated to south of the Rappahannock again. While there, a pardon came from the War Department for Privates Newton and Scroggins, who had been sentenced to death for desertion, prompting Lee to send a critical telegram back that leniency would only encourage more desertion. Mahone's Brigade was held in reserve to prevent a breakthrough during the Second Battle of Rappahannock Station on November 7, but did not take part in the battle. Shortly thereafter, the regiment returned to its old camp at Rapidan Station.