As I mentioned before, the men of the Company were quite young and so lacking in the guidance that more experienced men could have offered. The Company was put together in a rush driven by extravagant enthusiasm. The man who organized it, Mr. Rix, was an ambitious man who was dislike by many on board the ship and his reputation during the years following this story worsened. I think that you will agree as things progress from this point that more time and trouble should have been taken by a more principled man in selecting the men of the Company.
Thursday April 5th
In Lat. 57º 24' Long. 69º 20'. Commenced squally and rainy. Wind WSW. Backed ship and ran NW by W. Today we have the gratifying intelligence that we have passed that dreaded Cape Horn and the group of isles called the Diego Ramires, Cape Horn lying in Lat. 55º 59' S Longitude 67º 16 W., Isle of Diego Ramires 56º 29' S. Longitude 68º 43' W. But we have not fairly doubled the Horn. No, not yet for there is a great probability of being driven back, but however, the idea of being past that long looked for Cape is very pleasant and causes a different feeling that has been felt for the last month. All conversations now is where shall we land to get fresh provisions, wood, & water, which we shall very much need before we reach our final destination. Valparaiso, Juan Fernandes, San Carlos, Galapagos, etc. are the principle topics of conversation. In the afternoon tacked ship. Ran SSW, wind WNW.
Friday 6th
In Lat. 57º 56' Long. 70º 28. Commenced pleasant. Some passing clouds. Wind NW by N. In the afternoon wind hauled W. In the eve commenced raining and blowing hard. Shortened sail.
Wednesday, last, a meeting was held, called by Capt. Smith and a very unpleasant affair laid before the Company by him. He said that he caught rat in the pantry, and he guessed an old one.
A light was seen in the pantry about midnight by one of the Company. Thinking that something was out of the way, he thought he would call Capt Smith. The Capt. stated that he got up, and went to the pantry door, and called out who is in there. No one answered. He called twice more and then someone answered ‚"Its me"‚ and opened the door. J. Petingale, its you then", Capt said and gave him a severe talking to. On examine the door it was found to be broken open.
The Capt stated to the meeting that he had caught a person in the pantry and a spontaneous outburst came from the Company. "Who is it? Who is it?" The Capt. told them who it was and went on to say that he thought it best to forgive him this, although a serious offense, and the next one that was caught to put him up in fore chains a day. All in favor will please say aye, and a general shout of aye was given.
But some thought that it was not punishment enough, and the case ought to be dealt with according to law as other thefts had been committed. They proposed to choose a committed to act on this and similar offenses and chose G. H. Campbell, J. Homes, J.L. Bates. Voted that this committee should report on the subject.
This committee reported that they had no powers to act in the case. That it was a case to go before the Directors for them to decide and the Company to judge, that it ought to be treated as a case at home in a court of justice.
The case was tried by the Directors, witnesses examined, and by this it was found that B. Atherman was an accomplice of Petingale and equally guilty. Only this was on the ground of circumstantial evidence. Verdict brought in by them: guilty, and that it was a case that came under the tenth article in the by laws.
This morning the Director's report in the case of Petingale and Atherman was laid before the Company for them to argue and decide and finally vote on there resolves.
Saturday morning Apr 7th
In Lat. 56º 19' Long. 72º 12'. Commenced stormy. WSW Stormed all day.
This was the worst day we experienced in mind and feeling. The case of B. Atherman lasted all day which caused all to look serious.
A meeting was called at 10 o'clock P.M. The resolves of the Directors were to be judged upon by the Company. The resolve on Petingale wether he was guilty of the act committed on the night of 3rd inst. It was passed that he was guilty of the by almost a unanimous vote. With 140 votes 125 that he was guilty. Voted by a large majority that Atherman was guilty by circumstantial evidence.
Then came wether they should be expelled or not, as they had already voted in the resolve that the case came under the 10th article. It resulted in expelling Petingale by consideration of a majority, but Atherman was cleared by not receiving votes enough to expel him by twenty odd.
The case was carefully and coolly weighed and acted upon by the Company which shows the decision, firmness and strength of the Company. It showed that they had made laws not to be trifled with, and that law was law at sea as well as to home. As there had been several cases of theft and guilty one not found out, it had some weight.
It was voted that by a motion of Mr. Campbell that the expelled should enjoy the usual habits of the mess till he arrived to San Francisco.
Sunday Apr. 8th
In Lat. 56º 17' Long. 72º 12' Commenced pleasant. Wind SW. All drawing sails set. Pleasant run all day. Towards night the wind hauled to the west. Capt. said we was making a lee shore fast. Tacked ship. Ran S. Made good run to SWW till morning.
Monday Apr. 9th
Commenced cloudy, blowy, and stormy. Wind NNW. Laid to all day under usual storm sails and close reef main topsail, the wind blowing a gale heading from WSW to S by E all day. Towards night wind lessened a little. Laid to till four the next morning. Today one of the men caught an albatross measuring 11 feet from tip to tip. Mournful continuances were seen today. At night the waves ran long and high.
Tuesday Apr 10th
Commenced at four stormy. Wind W by N. Steering SSW. This is hard course. In Lat. 57º 11' Long. 74º 32’. Set foresail, fore topsail, main topsail, close reef mainsail.
In Lat. 56º 47' Long. 75º 02'
Head wind. Head wind all day and all the time. Hard work to write and impossible to read. So much confusion. Hard to keep our position and hold the pen.
Wednesday the 11th
In Lat. 57º 32' Long. 75º 38'. Commenced with very heavy weather. Wind NW. Experienced the heaviest squall yet. Hauling the wind to SW. Ran off before it for an hour, and before we could get in sails, split the foresail and jib. Called all hands and some of the Company (getting to be very fashionable to call the Company in a squall). Almost impossible to get the sails in. More were frightened than ever. Barrels on deck broke away. Chests, barrels, pans, spilt boxes, clothes, and boots went to the leeboard in one grand mass. Some of the men laughing, some swearing, and others frightened. Sails flapping and wind blowing harder than we had experience of before. Everything was in one grand confusion. Took in all sails but mainsail. Wore ship. Ran WNW. Cleared up.
Set close reef top sail, spanker, mended the sails and set them. Set mizzen topgallant. Wind at noon hauled round WNW. At 3 P.M. looked squally and like bad weather. Wind hauled round WSW. Furled mizzen topsail, clewed up spanker, tacked ship N.W.W. The squalls passed over accompanied with rain, hail. Cleared up, and the sun shone with all it's brilliancy. Calm pretty much all night.