And that the said , Maurice Phelps and the said other persons (whose names to the Jurors aforesaid are as yet unknown) feloniously and of their malice aforethought were then and there present, aiding, assisting, abetting, comforting and maintaining the aforesaid to do and commit the felony and last aforesaid, in form last aforesaid. And so the Jurors aforesaid upon their oath aforesaid do say that the said , , and Maurice Phelps, and the said other persons (whose names are as yet to the Jurors aforesaid unknown) then and there feloniously, wilfully and of their malice aforethought did kill and murder the said Moses Rowland, against the form of the Statute in such case made and provided and against the peace and dignity of the . And the Jurors aforesaid upon their oath aforesaid do further present, that the said Joseph Smith, Junior, late of the county of , in the state of , , late of said county of , and , late of said county of , well knowing the said , , and Maurice Phelps and the said other Persons (whose names to the Jurors aforesaid are as yet unknown) to have done and committed the said felony and murder last aforesaid in form last aforesaid afterwards, to wit, on the Twenty Fifth day of October, in the year of our Lord Eighteen hundred and thirty Eight, with force and arms at the said county of , to wit, at the county of [p. 29]