Mar. 13, 1864
Lodge1 PDF, p. 13
T.A.W. Harper, Esq.
I have been obliged to enter a criminal action against Smiley & his party for the civil actions had little or no affect on them.
On Thursday last they were arrested. That is as many of them as could be found. On Friday the case went before the Grand Jury & they posponed (sic) deciding upon it till Tuesday next. And in the interim Smiley’s friends will endeavour to tamper with the respectable individuals forming that august body. My impression is that they cannot help finding a true bill. In the meantime and since the arrests on the criminal charge Smiley has made some exceptions to the civil libel which I herewith enclose.
I will by all I know to get possession of some of the property & to punish the pirates but the feeling of this community is certainly with the wrong doers & every scheme will be tried to prevent the identification of any part of the stolen property.
There is a report that some of the treasure has shipped to England in a Brittish (sic) ship of war from Panama or Callao. If such is the case it cannot yet have reached Europe and your detectives may be able to trace it.
A considerable part went I believe to New York, arriving there in January last & some went to Southampton, part of which was probably shipped by Manzanillo in December 30th, 1863 by one Moller & consigned to order. This parcel was only about $4500.
I think it is worthwhile to make carefull (sic) inquiry concerning all gold arriving at Southampton in January & February 1864.
I do not think any of it could have reached there earlier than the 25th Jany. 1864.
I am sir your obed. sert.
Francis W. Lodge