Robert was captured on Thursday, October 22nd, 1863 while scouting inside the enemy's lines in Fairfax, and sent Washington, D.C. and tried by a Military Commission "for leaving Washington City after he had been enrolled, and attaching himself to a band of guerrillas." He played his part in the farce of a trial that followed and was sentenced to be shot. This sentence was afterwards commuted to 10 years in the Albany Penitentiary. He was confined for 8 months in the Carroll Prison, another 2 months in the Old Capitol Prison, and as time approached for his removal to the Albany Penitentiary he determined to make an effort to escape. He and a fellow prisoner named Harrison, a Mississippian belonging to the Jeff Davis Legion, made a rope of their bed clothes, and on the night of August 19th, 1864, lowered themselves from an upper window to the pavement when the sentinel's back was towards them in pacing his beat, and escaped in the darkness. Harrover sought the house of a friend, who furnished him with civilian clothing and passed out through Georgetown . Near Rockville, he overtook a party of young Marylanders on their way South. He joined them, provided him with sidearms, they captured a picket post, mounted the horses, and crossed the Potomac, soon safe in "Dixie" land. After the end of the war, Harrover applied for a pardon but his 1st application was rejected; however, on March 10, 1866, upon General Grant's recommendation, he was paroled on the same footing with other Confederate soldiers. After the war, Robert was a range, stove and kitchen salesman, at Washington, D.C.