had and held in and upon the aforesaid Moses Rowland then and there feloniously voluntarily Wilfully and of his malice aforethought did shoot off and discharge and the aforesaid person so as aforesaid to the said 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 last aforesaid in the left side of the belly of him the said Moses Rowland one mortal wound of the breadth of half of an inch and extinding entirely through the body of him the said Moses Rowland at the county of aforesaid instantly died and that the said and Maurice Phelps feloniously Wilfully and of their malice aforethought were then and there present aiding helping abetting comforting Maintaining and assisting the said person so to the jurors aforesaid as yet unknown in the felony and murder 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 aforesaid as yet unknown and the Said and Maurice Phelps in manner & form last aforesaid the said Moses Rowland at the county of 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 the jurors aforesaid upon their oath aforesaid do further present that the said Joseph Smith Junior late of in the state of late of said county of and late of said County of well knowing that said person so to the jurors aforesaid are as yet unknown, and the said and Maurice Phelps to have done and committed the said last mentioned felony and murder in form last aforesaid afterwards to wit on the twenty fifth day of October in the year of our Lord Eighteen hundred and thirty eight with force and arms at the Coun [p. 14]