The circumstances which led to Savage’s death grew out of this difficulty. The troops had crossed Kings River. This was some time in August 1852 in the morning. Major Savage and Judge John G. Marvin rode up to the door of Campbell’s trading-house. Savage called for Harvey. Harvey stepped to the door. Savage remarked, “I understand, Major Harvey, that you say I am no gentleman.” Harvey replies, “I have frequently made that statement.” Savage remarked, to Harvey, “There is a good horse, saddle, bridle, spurs and leggings which belong to me. I fetched them, for the purpose of letting you have them to leave this country with.” Harvey replied, “I have got a fine mule and I will leave the country on my own animal, when I want to leave it.” Savage called for breakfast. Savage and Marvin ate breakfast by themselves in a brush house outside the store. After they had got through their breakfast, Savage tied up his hair, rolled up his sleeves, took his six-shooter out of its scabbard and placed it in front of him under the waistband of his pantaloons. He then walked into Campbell’s store and asked Major Harvey if he could not induce him to call him a gentleman. Harvey told him that he had made up his mind and had expressed his opinion in regard to that, and did not think he would alter it. He knocked Harvey down and stamped upon him a little. They were separated by some gentlemen in the house, and Harvey got up. Savage says, “To what conclusion have you come in regard to my gentlemancy?” Harvey replies, “I think you are a damned scoundrel.” Savage knocked Harvey down again. They were again separated by gentlemen present. As Harvey straightened himself onto his feet, he presented a six-shooter and shot Major Savage through the heart. Savage fell without saying anything. It was supposed that Harvey shot him twice after he was dead, every ball taking effect in his heart. That is all I know about the fight. I gained this information by taking the testimony as magistrate of those who saw it. What may have become of the court records of the so-called trial is unknown, but a scrap of testimony by the proprietor of the house in which the killing took place was preserved by the _San Francisco Daily Herald_, September 3, 1852, as follows: The People of the State of California _vs._ Walter H. Harvey, for the killing of James D. Savage, on the 16th day of August, 1852, contrary to the laws of the State of California, &c.