and there had and held in and upon the aforesaid Moses Rowland then and there feloniously wilfully voluntarily and of his malice aforethought did shoot off and discha[r]ge and the aforesaid person so as aforesaid to the 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 entirely through the body of him the said Moses Rowland of which mortal wound the aforesaid Moses Rowland at the County of aforesaid instantly died, and that the said , Norman Shearer and Maurice Phelps, feloniously wilfully and of their malice aforethought were <​then & there​> present aiding, helping abetting comforting maintaining and assisting the said person so to the Jurors aforesaid as yet unknown in the felony and <​last​> aforesaid in manner and form <​last​> aforesaid to do and commit and so the Jurors aforesaid upon their oath aforesaid do say, that the said person so to the Jurors aforesaid as yet unknown and the said , Norman Shearer and Maurice Phelps <​the aforesaid Moses Rowland at the county of aforesaid​> in manner and form <​last​> aforesaid feloniously, wilfully and of their malice aforethought did kill and murder against the form of the Statute 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 , <​& State aforesaid​> [p. 16]