Wilfully and of their malice aforethought did make an assault and that the Said , with a Certain Gun of the value of ten dollars then and there charged with gunpowder, and one leaden bullet which gun— the Said in Both his hands then and there had and held in and upon one Moses Rowland then and there feloniously Voluntarily Wilfully and of his malice aforethought, did Shoot off and discharge and the Said , 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 instant died; and that the Said , and Maurice Phelps and the Said other persons (whose names are as yet to the Jurors aforesaid unknown) feloniously and of their malice aforethought were then and there present aiding assisting, abetting, Comforting and maintaining the aforesaid , to do [p. 21]