doth say upon their oaths that the said Palmer A. Higgins . . .not having God before his eyes but being seduced by the Devil on the 24th day April inst. with force and [?] in his own yard ... did with a rifle gun feloniously shoot a ball at the said Giles Summer ehich entered at the upper part of the wind pipe, passing through the easophegus and penetrating the third or fourth cervical vertebrae thereby destroying the spinal marrow