Settlement Memo (undated)
San Francisco
Lodge2 PDF, p. 18
In consideration of 40,000 American gold coin being paid into the hands of Jos. Barber our attorney, $20,000 to reimburse F.W. Lodge for expenses he has incurred & is to incur in his behalf & the remainder to be divided rateably according to the insured interests represented.
We being duly authorized as agents of the European, New York & Boston underwriters hereby make due to T.J.L. Smiley all the interests he represents in the treasure wrecked in the Golden Gate, particulars of which are hereunto annexed (here specify all the treasure insured with the above named underwriters) always excepting any part of the treasure that may be now in our possession or in that of our agents, it being understood that under no circumstance
Shall any action at law be brought by us or by any of our principals against the said T.J.L. Smiley or any of his associates or persons who are or who have been interested with him or who have been interested with him or who have received any treasure from him to recover back the same (if any exceptions are desired so that specific coin or bars or parcels of money may be seized abroad they can be enumerated or specified or reserved). For T.J.L. Smileys protection in law:
1st All civil actions against him or his associates to be withdrawn, or if put in judgement, said judgement be assigned or transferred to his attornies.
2nd No stipulation to be made in criminal suit (Except a verbal one with Captn. Lodge in which case his honor & that of his attornies will be trusted.)
3rd Smiley to have an absolute assignment of all the property represented by underwriters of all property at the wreck of Golden Gate & all necessary documents connected therewith & to furnish him with recommendations to the American consult at Manzanillo, the French & Mexican authorities so that T.J.L. Smiley may work without obstruction. Endorsements to be made on all bills of lading in our possession to the effect that the treasure therein mentioned included in the bill of particulars hereto annexed have been settled for on % (abbrev. For “behalf”?) of underwriters in pursuance of the contract of particulars of this contract & the fact that a settlement has been made to be kept secret until divulged by consent of Mr. Smiley, Joseph Barber & Wm. McAllister not to act against Mr. Smiley or his associates for any treasure on GGate a full release to Mr. Smiley & his associates from us & our principals of all liens against him or them and if called on to testify in any criminal suit to testify that they have been fully satisfied in regard to treasure recovered by the said Smiley.
Revision: 11/1/2010