Phelps and the said other persons (whose names to the jurors aforesaid are yet unknown) in manner and form 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, the aforesaid Norman Shearer and Maurice Phelps and the said other persons (whose names to the jurors aforesaid are yet unknown) at the said <​County of​> to wit at the County of aforesaid, to do and commit the felony and aforesaid in manner and form aforesaid, maliciously, wilfully voluntarily 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