, and maurice Phelps late of said county of together with a certain other person to the Jurors aforesaid as yet unknown not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil on the said Twenty fifth day of October in the year of our Lord Eighteen hundred and Thirty eight with force and arms at the county of aforesaid in and upon one Moses Rowland in the peace of the state of then and there being feloniously, wilfully and of their malice aforethought did make another assault and that the said person to the Jurors aforesaid yet unknown with a certain gun of the value of Ten dollars then and there charged with gun powder and one leaden bullet which gun the said person so to the Jurors aforesaid as yet unknown in both his hands then and there had and held in and upon the aforesaid Moses Rowland then and there feloniously, voluntarily, wilfully and of his malice aforethought did shoot off and discharge and the aforesaid person so as aforesaid to the said Jurors as yet unknown, with the leaden bullet last aforesaid, from the gun last aforesaid then and there sent out, the aforesaid Moses Rowland then and there feloniously struck giving to the said Moses Rowland then and there with the leaden bullet as last aforesaid on the left side of the belly of him the said Moses Rowland one mortal wound of the breadth of half an inch and extending [p. 23]