county of , and Maurice Phelps late of said county of , and divers other evil disposed persons (whose names to the Jurors aforesaid are 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 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, then and there being, feloniously, wilfully and of their malice aforethought did make another assault, and that the said , with a certain other gun of the value of ten dollars, then and there charged with gun powder and one leaden bullet, which last mentioned gun the said 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 , 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 entirely through the body of him the said moses Rowland of which last mentioned mortal wound the aforesaid Moses Rowland at the county of aforesaid instantly died. [p. 28]