at the County of aforesaid in and upon one Moses Rowland then and there being feloniously Wilfully and their malice aforethought did make an other assault and that the Said , with a certain Gun of the value of ten dollars then and there Charged with Gun powder and one leaden bullet which 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 of and discharge and the aforesaid , with the leaden bullet aforesaid from the Gun 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 aforesaid on the left side of the belly of him the said Moses Rowland one mortal Wound of the breadth of half of an inch and exceriscing 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 , and Maurice Phelps, and the said other persons, whose names are as yet to the jurors aforesaid unknown) feloniously Wilfully [p. 9]