248. The Trial of Mr. SAMUEL ATKINS, at the King's-Bench, for being accessary to the Murder of Sir Edmundbury Godfrey : 31 CHARLES II. A. D. 1679. ON Lawrence Hill, Girald, Dominick Kelly, 2 aforesaid sir Edmundbury Godfrey, in manner and form aforesaid, feloniously, voluntarily, and of his malice aforethought, to kill and murder; and so they the said Robert Green, Henry Berry, Lawrence Hill, Girald, Dominick Kelly l and Philibert Veruatt, in manner and form Clerk of the Crown. Samuel Atkins, hold up aforesaid, the aforesaid sir Edmundbury Godthy hand (which he did). Thou standest indicted frey, feloniously, wilfully, and of their malice by the name of Samuel Atkins, late of the pa- aforethought, did kill and murder, against the rish of St. Mary le Strand, in the county of peace of our sovereign lord the king, his crown Middlesex, gent. for that whereas on the mor- and dignity. And that thou the said Samuel row of the Purification of the blessed Virgin Atkins, at or upon the said 12th day of OctoMary, before our sovereign lord the king, at ber, and divers days and times before, the said Westminster, by the oath of twelve jurors, good Robert Green, Henry Berry, Lawrence Hill, and lawful men of the said county, tried, sworn, Girald, Dominick Kelly, and Philibert Verand charged to enquire for our sovereign lord natt, the felony and murder aforesaid, at the pathe king, and the body of the said county, Ro- rish aforesaid, in the county aforesaid, to combert Green, late of the parish aforesaid, in the mit feloniously, wilfully, and of thy malice aforeCounty aforesaid, labourer; Henry Berry, late thought, didst command, counsel and abet; and of the same parish and county, labourer; Law-knowing the said Robert Green, Henry Berry, rence Hill, late of the same parish and county, labourer; Girald, late of the same parish and county, clerk; Dominick Kelly, late of the same parish and county, clerk; and Philibert Vernatt, late of the same parish and county, labourer; are indicted, for that they not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, the 12th day of October, in the S0th year of the reign of our sovereign lord Charles 2, by the grace of God, of England, Scotland, France, and Ireland, king, defender of the faith, &c. at the parish of St. Mary le Strand aforesaid, in the county of Middlesex aforesaid, in and upon sir Edmundbury Godfrey, kut, in the peace of God, and of our said sovereign lord the king, then and there being, feloniously, voluntarily, and of their malice aforethought, did make an assault; and that he the aforesaid Robert Green, a certain linen hand-verance. kerchief, of the value of sixpence, about the Beck of the said sir Edmundbury Godfrey, then and there feloniously, voluntarily, and of his malice aforethought, did fold and fasten; and that he the said Robert Green, with the handkerchief aforesaid, by him the said Robert Green on and about the neck of the said sir Edmundbury Godfrey, in manner and form aforesaid folded and fastened, then and there him the said sir Edmundbury Godfrey did choak and strangle; of which said choaking and strangling of him, the said sir Edmundbury Godfrey in manner and form aforesaid, he the said sir Edmundbury Godfrey then and there instantly died; and that the said Henry Berry, Lawrence Hill, Girald, Dominick Kelly, and Philibert Vernatt, then and there feloniously, voluntarily, and of their malice aforethought, were present, aiding, abetting, comforting, and maintaining the aforesaid Robert Green, the Culprit, how wilt thou be S. Atkins. My lord, I do humbly desire, that the several examinations taken concerning this business, may at my trial be brought into the Court. L. C. J. (Sir William Scroggs.) This is to be left to Mr. Attorney to do in it as he pleaseth; for he is to take care of the king's evidence. S. Atkins. I only desire, my lord, that they may be brought in. Mr. Recorder had some of them taken before him. Recorder (Sir George Jefferies.) To satisfy this gentleman, my lord, whatever examinations were taken before me shall be brought. L. C. J. Why, Mr. Atkins, do you know nothing of this business, that you are so willing to have all the evidence brought in against you? Atkins. My lord, I know nothing of it at all. S. Atkins. No, I never was one, nor I hope never shall be. When is it that your lordship pleaseth to have me tried, for I have lain these sixteen weeks in prison, and do earnestly desire my trial. L. C. J. You shall be tried as soon as we can when Mr. Attorney thinketh fit. We must try the others on Monday, and if there be time afterwards you may be tried then: however, captain Richardson shall have a rule to bring you up then. S. Atkins. I humbly thank your lordship. Then he was carried back by the keeper, and accordingly on Monday following he was brought up; and after the trials of Green, Berry, and Hill, were over he was sent to the bar. February 10, 1679. law, the king's Attorney General, or this inquest now to be taken of Samuel Atkins the prisoner at the bar, his being accessary to the felony and murder whereof Robert Green, Henry Berry, Lawrence Hill, and others stand indicted, and as accessary of which said felony and murder the said Samuel Atkins stands indicted, and hath been arraigned, let them come forth, and they shall be heard, for now the prisoner stands at the bar upon his deliverance. Att. Gen. (Sir William Jones,) My Lord, I must inform your lordship, that there is another Indictment against Mr. Atkins as principal, which was preferred heretofore, but we have since thought fit to prefer another as accessary. Now to discharge him of the first, I desire he may be arraigned on that before his trial. Cl. of the Cr. I did so intend to do, Mr. AtSamuel Atkins, hold up thy hand, (which he did). Thou standest indicted by the name of Samuel Atkins, late of the parish of St. Clements Danes, in the county of Middlesex, gentleman, for that thou, together with L.C. J. Mr, Atkins, have you any torney. bail ready? S. Atkins. No, my Lord, I am prepared for my trial, if your lordship pleaseth, but not with bail. L. C. J. Ay, but, Mr. Atkins, it is the latter end of the term, and many people's livelihoods lie at stake. We cannot lay aside all business for yours. 8. Atkins. My Lord, my life lies at stake, and I have been under severe imprisonment a long time. I humbly pray I may be tried; besides, I have many witnesses, who have remained in town on purpose to give evidence for me ever since the last term. I hope my trial will not take up much time. Justice Dolben. If you have so many witnesses, it cannot be soon over. S. Atkins. I have many ready, but hope shall have occasion to use only a few. L. C. J. Mr. Atkins, we cannot do it, you must be content; you shall be tried at the sessions. Pray how long is it to it? Recorder. It is about three weeks my Lord. L. C. J. That indeed will be too long, but in the mean time you shall be bailed. S. Atkins. I submit, my Lord; I think I have bail here. [Mr. Atkins was here calling his bail.] Welch, and--Le Faire, of the said parish and county, gentlemen, not having the fear of God before your eyes, but being moved and seduced by the instigation of the devil, the twelfth day of October, in the thirtieth year of the reign of our sovereign Lord Charles 2, by the grace of God of England, Scotland, France and Ireland King, defender of the faith, &c. with force and arms at the parish aforesaid, in the county aforesaid, in and upon sir Edmundbury Godfrey, knight, in the peace of God and of our said sovereign lord the king, then and there being feIloniously, wilfully, and of your malice aforethought, did make an assault, and that thou the said Samuel Atkins, a certain linen cravat, of the value of one penny, about the neck of the said sir E. Godfrey then and there feloniously, wilfully and of thy malice aforethought, didst fold and fasten, and that thou the said Samuel Atkins with the said cravat, so by thee the said Samuel Atkins about the neck of the said sir E. Godfrey fastened and folded as aforesaid, then and there the said sir E. Godfrey, feloniously, wilfully, and of thy malice aforethought, didst choke and strangle; of which said choking and strangling of the said sir E. Godfrey by thee the said Samuel Atkins, in manner and form aforesaid done and committed, the said sir E. Godfrey, in the parish aforesaid, in the county aforesaid, instantly died, and that the aforesaid- Welch, Le Faire, feloniously, wilfully, of their malice aforethought, were then and there present, aiding, assisting, abetting, comforting and maintaining thee the said Samuel Atkins, the felony and murder aforesaid, in manner and form aforesaid, to do and commit. And that so thou the said Samuel Atkins, with the aforesaid Welch and. Le Faire, the said twelfth day of October at the parish aforesaid, in the county aforesaid, the said sir E. Godfrey, feloniously, wilfully, and of your malice aforethought, did kill and murder, against the peace of our sovereign lord the king, his crown and dignity. How sayest L. C. J. Come then, name them. Captain Lloyd. My Lord, I am a witness on behalf of this gentleman, and cannot possibly be in England a fortnight hence. S. Atkins. My Lord, this is a captain of one of the king's ships, and his occasions will indispensibly call him away, and this is the case of several others of my witnesses. L. C. J. Well, I do not know; if it be so, you shall be tried to-morrow; and so bring him up very early, [Speaking to Captain Richardson.] And so Mr. Atkins went from the bar, and was brought up thither again on the morrow; being Tuesday, when his trial proceeded thus: February 11, 1679. Cl. of the Cr. Crier, make proclamation. Crier. O Yes! If any one can inform our sovereign lord the king, the king's serjeant at found him guilty; if you find him not guilty, nor that he did fly for it, say so and no more, and hear your evidence. thou, Samuel Atkins, art thou guilty of the felony and murder whereof thou standest indicted and hast been now arraigned, or, not Guilty? S. Atkins. Not Guilty. Att. Gen. My lord, I am informed by Mr. Ward of the Crown-office, the prosecutor's clerk, that they have not sued forth a venire therefore the jury cannot inquire of that at all, but must be discharged of it. Our writ is only for the Indictment for being accessary. Cl. of Cr. If you make the writ' de quibus'dam feloniis et accessariis,' and seal it a-new (which may be done presently, the seal being it the hall), it will do for both. Cl. of Cr. Culprit, how wilt thou be tried? S. Atkins. By God and my country. Cl. of Cr. God send thee a good deliver-facias upon this indictment as principal; and ance. Samuel Atkins, hold up thy hand (which he did). Those men that you shall hear called and shall personally appear, are to pass between our sovereign lord the king, and you, upon the trial of your life and your death. If therefore you will challenge them, or any of them, your time is to speak unto them as they come to the book to be sworn, and before they be sworn. Call the jury, Crier, and make an O yes. Crier. O yes! You good men that are impannelled to inquire between our sovereign lord the king and Samuel Atkins the prisoner at the bar, answer to your names. Cl. of Cr. Sir John Cutler. Crier. Vous avez. Sir John Cutler, look upon the prisoner. You shall well and truly try, and true deliverance make between our sovereign lord the king and the prisoner at the bar, whom you shall have in your charge, and a true verdict give according to your evidence. So help you God. And so the rest were sworn. The names of the twelve were these: Sir John Cutler, Michael Arnold, James Partridge, Thomas Cassee, Thomas Gostwick, John Wells, Ambrose Arnold, Rainsford Waterhouse, John Searle, Richard Pagett, William Waite, Arthur Blyth. Cl. of Cr. Crier, count these. Sir John Cutler. Crier. One, &c. Cl. of Cr. Arthur Blyth. Crier. Twelve good men and true, stand together and hear your evidence; you that are sworn hearken to the record, you that are not sworn stand down. L. C. J. Do so, then Mr. Ward, that both may be dispatched. [Which was done accordingly.] Cl. of Cr. Samuel Atkins, hold up thy hand again (which he did). You of the jury, look upon the prisoner, and hearken to his cause. You shall further understand, that he stands indicted by the name of Samuel Atkins, late of the parish of St. Mary le Strand, &c. (prout in the first indictment mutatis mutandis) against the peace of our sovereign lord the king, his crown and dignity. Upon this indictment he hath been arraigued, and thereupon pleaded Not Guilty, and for his trial hath put himself upon God and his country, which country you are. Your charge is to inquire whether he be guilty of this felony as accessary to the said Robert Green, &c. or not guilty. If you find him guilty, &c. (sicut antea.) Crier make proclamation. Crier. O yes! If any man will give evidence on behalf of our sovereign lord the king against Samuel Atkins, the prisoner at the bar, let them come forth, and they shall be heard, for the prisoner stands at the bar upon his deliverance; and all others that are bound by recognizance to give evidence against the prisoner at the bar, let them come forth and give their evidence, or else they forfeit their recognizance. Cl. of Cr. Samuel Atkins, hold up thy hand (which he did). You that are sworn, look Serjeant Stringer. May it please your lordupon the prisoner, and hearken to his cause. ship, and you gentlemen of the jury, Samuel You shall understand that he stands indicted Atkins the prisoner at the bar stands indicted by the name of Samuel Atkins, late of the here of two facts by two indictments; the one parish of St. Clement Dane in the county of as principal in this murder, the other as accesMiddlesex, gentleman; for that he, together sary. The first of which we shall lay aside, with Welsh, Le Faire, &c. (prout in and of his being the murderer give no evidence; the second indictment mutatis mutandis) against and so, gentlemen, you must find him not guilthe peace of our sovereign lord the king, his ty of that. But as to the indictment as accescrown and dignity. Upon this Indictment he sary, that sets forth, that whereas Robert hath been arraigned, and thereunto hath plead-Green, Henry Berry, Lawrence Hill, and ed Not Guilty, and for his trial doth put himself upon God and the country, which country Your charge is to enquire whether he be guilty of this felony and murder whereof he stands indicted, or not guilty. If you find him guilty, you are to inquire what goods and chattels, lands or tenements he had at the time of the felony and murder committed, or at any time since. If you find him not guilty, you are to inquire whether he did fly for the same; and if you find that he fled for it, you are to inquire of his goods and chattels, as if you had you are. others, on the 12th of October last, at the parish of St. Mary le Strand, in your county, did make an assault on the person of sir Edmundbury Godfrey, and that Robert Green did throw about the neck of sir Edmundbury a linen handkerchief, and twisted and folded it about his neck, by which twisting and folding the said Green aid strangle the said sir Edinundbury, of which strangling he instantly died: and we say, gentlemen, that the prisoner at the bar is indicted as one that was privy, knowing, consulting, and abetting to the commission of this murder, and that after the murder committed (for the acts are connected) he did receive, harbour, comfort, and maintain the murderers. To this he hath pleaded Not Guilty. If we prove him guilty, we doubt not you will find him so. Att. Gen, May it please your lordship, and you gentlemen of this jury, Mr. Atkins the prisoner is indicted upon two indictments; the one is for being a principal in this murder, bat upon that we can give no evidence, for that was preferred before we had that full and plain evidence, which now we have of this fact by the testimony of Mr. Praunce. And I must say thus much to Mr. Atkins, that he hath cause to bless God, that ever Mr. Praunce made this discovery; for I assure you, without that, there are those circumstances, probabilities, and presumptions, that he might have gone in great danger of being accounted a principal in the murder. But now, my lord, that matter being fully and plainly discovered by Mr. France's testimony, that no man may bear a greater burden than he deserves, we acquit him as to that indictment, and now charge him only as accessary. And in that you will find the evidence to be such, as might give us just cause to prefer the first indictment. For, my lord, we shall make it out, that Mr. Samael Atkins did come to a gentleman of his own sirname, one Mr. Charles Atkins (who I think was of kin to him, but whether he was, or not, is not material), and to him he did complain of the proceedings of sir E. Godfrey, that he was a man too active, and that he was in no sort to be permitted to live; for if he were, he would be very prejudicial to some he was concerned for. And at the same time he did inquire after some bold man, I think one Child particularly, who had been with that Charles Atkins aboard the fleet, whether he had behaved himself stoutly there; and finding bin to be a resolute person, he desired Mr. Charles Atkins to send for him, and send him to him, and he would employ him; and afterwards Child owned to Mr. Atkins, that he had been there. L. C. J. To which Mr. Atkins? To the prisoner? Att. Gen. To Mr. Charles Atkins, who is the witness, Samuel Atkins is the prisoner. It was Samuel that complained to Charles of sir E. Godfrey; inquiring after the courage and resolution of Child, and ordered Charles to send him thither: and afterwards Child, as he said, went thither; and when he came back he did discourse with Charles Atkins, desiring in to join with them in the killing of a man, and did propose a great reward to him so to do. This, my lord, was the discourse precedent to the fact. But now to shew to your lordship and the jury, that as the prisoner Samuel Atkins and he did design, the thing should be done, so he did pursue that design, and bear a part in it and was privy to it, and knew of it; we shall prove, that Mr. Bedlow, when he saw the body after it was murdered, which happened, as was proved to you yesterday, on the 12th of October last, found it removed from the place where by the testimony of Mr. Praunce he was first carried, into another room, and there by the help of a dark lanthorn several people then in the room saw him: Amongst whom, I say, Mr. Bedlow was one; and Mr. Praunce speaks to the same matter, and this was on the Monday night following. And I think we have a sufficient proof that Mr. Samuel Atkins was one in the room, that did see the body, and was consulting with them how to dispose of it: For we have this proof against him. Bedlow finding a young man there, whom he did not know, he went up to him, desiring to know his name; he tells him who he was, one Atkins, and describes himself by a particular circumstance to whom he had relation, and Mr. Bedlow will tell you so much, that though the light was not very great, yet it was enough to let him see the faces of those he took notice of, and that this prisoner was there. And if this be true, it will have the effect of proving him guilty as accessary, either before or after the fact. This will be the course of our evidence, our witnesses are not many, and therefore our proof will not be long. We shall now call them, and when they have done, submit it to your lordship and the jury; and first we call Mr. Charles Atkins. Crier, Mr. Charles Atkins, lay your hand upon the book. The evidence which you shall give for our sovereign lord the king against Samuel Atkins, the prisoner at the bar, shall be the truth, the whole truth, and nothing but the truth; so help you God. Recorder. My lord, this is Charles Atkins, whom we desire to begin withal. It was he that had the discourse first with Samuel Atkins about Child, and afterwards with Child about the murder. Pray, Sir, tell the discourse you had with Child, and the time when. C. Atkins. My lord, it was much about the time that his majesty went to New market. I L. C. J. That was in September, I think. C. Atkins. No, my lord, it was in the beginning of October. I cannot speak to a day, cannot very well tell that, but it was much about that time. I had been with sir John Williams about the same business that I came to speak with M Atkins about (this gentleman whom I am forced to be witness against on the king's account; but otherwise I have a great regard for him), and coming there I asked the porter below stairs whether Mr. Atkins were in the house. L. C. J. At what house was it? C. Atkins. At Derby-house in Channel-row. He said, Yes. So I went up stairs, and found him there all alone in the study, where he generally writes near another study, where was the clerk that usually wrote with him, but he was alone; it was in the afternoon: And after I had spoken to him, I desired him that he would walk out into the other room. And at the window, which is next the, door that is to the office, he and I stood talking together. After we had discoursed a little about the plot, he told me, that sir E. Godfrey had very much injured his master; and if he lived would be the ruin of him. And thereupon I have heard that his master was questioned in the House of Commons, asked him whether he were a parliament man, thinking that might be the occasion of their questioning him: No, said he. But then he went off from what we were then discoursing, and he desired me to be secret, and went on upon that account in several particulars, that I cannot now exactly remember. And as we were talking he broke off his discourse short, and asked me if I knew Mr. Child What Child? said I, He that I used to meet at the Three Tobacco-Pipes? Said he, It is that Child that you recommended to me : For I had recommended such a one to him to be purser of a ship, by the means of one Owen. Said he, Is he a man that is stout, or to be trusted with a secret? Said I, As to his valour I know nothing of it, but he has a very good character. Then said he, When you see him send him to my master; but as for myself, I desire not to have him ask for me when he comes thither. I could not meet Child that night, but I did the next night; and so he said he would go thither. And afterwards I met him again, and he said he had been there, and falling into discourse, he would have engaged me to join in the murder of a man. L. C. J. What did Child say to you? What is Mr. Atkins's master's name? C. Atkins. Mr. Pepys. L.C. J. What Mr. Pepys of the Navy? L. C. J. Had Child been with him? C. Atkins. He told me nothing of Mr. Pepys, but he would have engaged me to join in the murder of a man. I was then just coming from walking, and met him in Holborn-fields, near the Three Tobacco-Pipes, and he desired | me to walk with him, which I was unwilling to do. He told me he had something private to say to me; I told him there was a shed in the back part of the house that was private enough; and thither we went; and I sat with my back to the house, and he with his to the garden. And as soon as the master of the house had brought a pot of ale, he fell into discourse, and told me he believed, that by reason of the necessity of my fortune, and the troubles I lay under, and my want of money, I would undertake a business that might relieve my wants. I replied, any thing that was honourable I would undertake, or that became a gentleman; but to rob on the highway, or any thing of that nature, that was base, I would not do it. He answered me that it was a thing of greater moment than that; he told me it was the killing of a man. I immediately utterly denied to join with him in it; he gave me eight or nine days to consider of it, and I should have a great reward, if I would join with them. I heard of him no more for a considerable while, and then I met him at the Three Cans or the Six Cans, Holborn, and renewing his discourse, he told me, if I would not agree with them to help to murder him, yet if I would conceal it, I should have 1007. brought to my chamber; but if I did reveal it, I should not outlive it. L. C. J. This Child said? C. Atkins. Yes, my lord. L. C. J. Who were them were to be with you, captain Atkins, do you know? C. Atkins. I do not know, my Lord, he did not tell me who they were. L. C. J. Pray tell us again: What was the first discourse you had with Mr. Sam. Atkins? C. Atkins. I came to borrow a little money of him, and it was at the great window in the great room above stairs, the very window next the office where the prisoner writes, and there he began his discourse. We were talking of this plot that was discovered, and something about Coleman, but the particulars I cannot remember, and then he fell into discourse about Sir Edmundbury Godfrey. L. C. J. What discourse was it? C. Atkins. That he had injured his master, and if he lived, he would ruin him. I asked him whether he was a member of the House of Commons, because I knew his master had been there questioned for his religiou. No, said he ; but then he went off from that, which he was then talking of, which was concerning the Plot and sir Edmundbury Godfrey, and asked, if I knew where there was a stout man, and particularly enquired about Child, and bid me send him to his master. L. C. J. Did he fear Sir Edmundbury Godfrey would ruin his master, by discovering something about the Plot? C. Atkins. I understood so. L. C. J. Why, he did not say that his master knew of it, did he? C. Atkins, No, not to me. L. C. J. And what did he talk of killing any body? C. Atkins. No, he did not mention it to me. L. C. J. Then all that he said to you was, that Sir Edmundbury Godfrey had very much injured his master, and if he lived would ruin him; and then asked, if you knew a man that would be stout and secret, and bid you send him to his master, but not ask for him. S. Atkins. Pray, Mr. Atkins, will you tell what time that discourse was? C. Atkins. I cannot tell that exactly. It was two days before Sir John Williams went into the country. It was about the time of the duchess her going beyond sea. S. Atkins. Was there no body by when we had that discourse? C. Atkins. There was another in a study hard by, I cannot tell exactly who. S. Atkins. Do you know his name when you hear it? Was it Mr. Lewis? |