in such case made and provided and against the Peace and dignity of the , and that the said Joseph Smith Junior, late of the county of , , late of said county of , , late of said county of , not having the fear of God before their eyes, but being seduced by the instigation of the devil, before the felony and last aforesaid by the aforesaid person so as aforesaid to the said Jurors as yet unknown, together with the said , and Maurice Phelps in manner and form last aforesaid done and committed, that is to say on the twenty fifth day of October in the year of our Lord eighteen hundred and thirty eight, at the county of aforesaid the aforesaid person so as aforesaid to the said Jurors as yet unknown & the said , Norman Shearer, , , and Maurice Phelps, to do and commit the felony and murder <​as​> last aforesaid in manner and form last aforesaid maliciously, feloniously, wilfully and of their malice aforethought did stir up, move, abet, counsel and procure against the form of the statute in such case made and provided and against the peace and dignity of the .