It has been argued that the counterstamp is genuine, but it was applied to the eight escudo later than 1849. But if this is Kohler's counterstamp as a goldsmith, it resembles no other goldsmith or silversmith's mark in that it bears a date. The counterstamp must be a forgery. It bears a date in order to help sell the counterstamp as an artifact of the “Wild West.” Gregory Brunk, too, has condemned this counterstamp (Brunk 2003, 206).
This counterstamp may be related to a Broderick & Kohler gold spoon that was “discovered” by Paul Franklin (Van Winkle 1990, Part II, 48). That gold spoon was exhibited by John Ford at the New York Numismatic Club on June 8, 1956 (Numismatist 1956, 908).