do say that Elias E. Harrison ... a certain gun of the value of seven dollars then and there charged with gun powder and leaden buck shot, which he the said Elias E. Harrison then and there had and held in both is hands, then and there accidently and by misfortune and against the will of him the said Elias E. Harrison discharged and....and shot out of the said gun him the said negro man in and upon the right arm, shoulder and back of the head....ten wounds with said shot, which were mortal wounds