but being moved and seduced by the instigation of the devil in 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 aforesaid in and upon one Moses Rowland then and there being feloniously Wilfully and of their malice aforethought did make an other assault and that the said , Maurice Phelps and the said other persons (whose names to the jurors aforesaid are as yet unknown) a certain other gun of the value of ten dollars, then and there charged with gun Powder and one leaden bullet which last mentioned gun the said Maurice Gib Phelps and the said other persons (whose names to the jurors aforesaid are as yet unknown) in their hands then and there had and held then and there feloniously Wilfully and of their malice aforethought did shoot off discharge to against and upon him the said Moses Rowland and that the said Maurice Phelps and the said other persons (whose names to the jurors aforesaid are as yet unknown) With the leaden bullet last aforesaid out of the gun last aforesaid then and there by force of the Gunpowder aforesaid by the said Maurice Phelps and the said other persons (whose names are as yet to the jurors aforesaid unknown) Shot discharged and sent forth as last aforesaid then and there feloniously Wilfully and of their malice aforethought did strike penetrate and wound the said Moses Rowland in and upon the left side of the belly of him the said Moses Rowland giving to him the said Moses Rowland then and there with the leaden bullet bullet last aforesaid so as last aforesaid by them the said , Maurice Phelps and the said other persons (whose names to the jurors aforesaid are as yet unknown) shot discharged sent forth out of the gun <​last​> aforesaid by force of the gun Powder aforesaid in and upon 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 [p. [15a]]