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to commit an act involving murder, to wit, to assault and beat
one John E.' Fitzgerald, Jr. with the intent to murder him and to
thereby kill and murder the said John E. Fitzgerald, Jr.
(b) Racketeering Act #20B: On or about January 3D,
19Q8, in the District of Massachusetts, the defendants FRANCIS P.
SALEMME and STEPHEN J. FLEMMI, did commit an act involving
murder, that is, being armed with a dangerous weapon, did assault
John E. Fitzgerald, Jr,. with the intent to murder him in
violation of Massachusetts General Laws Chapter 265, Section 18.
44. The defendants named below committed the following acts
involving murder, the commission of anyone of which constitutes
the commission of Racketeering Act #21.
(a) Racketeering Act #21A: In or about January of
1967, in the District of Massachusetts and elsewhere, the
defendants FRANCIS P. SALEMME and STEPHEN J. FLEMMI, did wilfully
and unlawfully conspire together and with each other and with
others known and unknown to the Grand Jury, including Ilario M.A.
Zannino named herein as, a co-conspirator but not as a defendant,
to commit an act involving murder, to wit, to assault and beat
one Edward "Wimpy" Bennett with the intent to murder him and to
thereby kill and murder the said Edward "Wimpy" Bennett.
(b) Racketeering Act #21B: In or about January of
1967, in the District of Massachusetts, the defendants FRANCIS P.
SALEMME and STEPHEN J. FLEMMI, did commit an act involving
murder, that is, being armed with a dangerous weapon, did assault
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