On April 28 after a botched landing attempt in Ocumare de la Costa resulted in two Spanish garda costas capturing the "Bacchus" and "Bee". Sixty men were prisoners, including Smith's son, and put on trial in Puerto Cabello for piracy, and ten were sentenced to death by hanging. Their bodies were beheaded and quartered, with pieces sent to nearby towns as a warning. William Steuben Smith had survived; he later escaped his captors and made his way home. Miranda aboard the "Leander" escaped escorted by the packet ship HMS "Lilly" to the British islands of Grenada, Barbados and Trinidad where the governor Sir Thomas Hislop, 1st Baronet agreed to provide some support for a second attempt to invade Venezuela. The "Leander" left Port of Spain on 24 July, together with HMS "Express", HMS "Attentive", HMS "Prevost", and HMS "Lilly", carrying some 220 officers and men. General Miranda decided to land in La Vela de Coro and the squadron anchored there on 1 August carrying a flag that Miranda had designed, which later became the flag of modern Venezuela. Nevertheless, the local support that he had hoped for failed to materialize when the fighting started. Much of the local population joined the Spanish against the mercenaries and August 13, Miranda hastily retreated to Aruba and Trinidad, where he left the "Leander" in order to avoid the prosecution of Spanish fleet. In the aftermath of the failed expedition, Colonel Smith and Ogden were indicted by a federal grand jury in New York for violating the Neutrality Act of 1794 and put on trial. Colonel Smith claimed his orders came from President Thomas Jefferson and Secretary of State James Madison, who refused to appear in court. Judge William Paterson of Supreme Court, ruled that the President ""cannot authorize a person to do what the law forbids". "Both Colonel Smith and Ogden stood trial and were found not guilty. His son William Steuben later escaped from the jail in Puerto Cabello. In 1807 Smith moved to Lebanon, New York. He was elected as a Federalist to the 13th United States Congress, holding office from March 4, 1813, to March 3, 1815. He ran for a second term in 1814, and appeared to defeat Westel Willoughby Jr. The Secretary of State of New York initially issued his credentials of election to the 14th United States Congress, but Smith did not claim the seat. Some of the ballots had been returned for "Westel Willoughby" (omitting the "Jr."), which was why initially Smith appeared to have a majority.