Josias was under guard at "Mattaponi", near Nottingham in today's Prince George's County, in July 1681 by the sheriff Col. Henry Darnall Sr. (1645–1711), the owner. This estate was later owned by the Marburys, who were descendants of Fendall. Fendall was tried on November 15, by the Catholic Court, dominated by the Calverts. For fear that Fendall would have time to influence the people who charged him, he was not allowed by the courts to enquire into the evidence of his crime. He was allowed to screen the jurors, in which he dismissed the Catholics and retained the Protestants. In the hearing, he was found guilty of attempting to raise a mutiny in Charles County and sedition through the utterance of ""malicious words against the government"".