March 18th, 1864
Lodge1 PDF, p. 11
My Dear Robert,
The Smiley case progresses very slowly. In fact it is not likely to terminate within any definite time.
It stands thus … little action for my money and Smiley so arrested but gives no bail. He therefore remains ironically in charge of the marshall who for a consideration allowed him to go at large. I have however begun a criminal action against him and the only three of his men that remain in the state.
I enclose some pieces that have been cut of the San Francisco Bulletin. Get them copied by Smith or at Weatherby’s and let them be sent to Harper.
There is a vague rumour here that some of the stolen treasure was shipped in the early part of this year on a Brittish (sic) man of war and conveyed to some house in Liverpool. Should there be any truth in this rumour it must have been shipped in some other port than Manzanillo probably Panama, Callao or Valparaiso or even it might be Aspinwall. At any rate cause inquiry to be made immediately as to what treasure has arrived on men of war lately and what vessels of what description are suspected in England. My impression is that some of the treasure go to Southampton in January last or early in February and was probably consigned to the continent. I telegraphed Harper to inquire about this some time ago. It is to be borne in mind that none of it is in original boxes for they were burnt as soon as recovered.
I may be able to punish Smiley and prevent him profitting (sic) by his piracy but the probability of getting the treasure is small indeed.
Your affec. Brother,