Elliott’s assertions are supported by the following news item from the San Francisco Daily Herald, August 21, 1852:
Among other acts by white men calculated to excite the Indians, a ferry was established over the San Joaquin, within an Indian reservation, above Fort Miller, some miles above Savage’s. The Indians, no doubt, considered this an encroachment; and from an idea that the ferry stopped fish from ascending the river, some straggling Indian, acting without authority from chiefs or council, spoke of this notion about the fish at the ferry, and saying that the ferry was within their lands, added that it would have to be broken up. The proprietor of the ferry, assuming this as a threatened hostility, or making a pretence of it, assembled a few willing friends, who, armed with rifles, appeared suddenly among some Indian families while most of the men were many miles off, peaceably at work at Savage’s, without dreaming of danger, and without justifiable provocation the white men fired upon the families, killing two women, as it is stated, and some children, and wounding several others.
With such conditions prevailing on the Kings, it is small wonder that numerous Kings Agency Indians traveled to the Fresno in order to trade with Savage. Needless to say, this aroused the further ire of the traders on the Kings. The white malcontents continued their agitation, and the wronged Indians of the Kings wailed to Savage of their troubles. Consistently with his earlier acts, wherein the public good was involved, Major Savage attempted to pacify the Indians. He also denounced the “squatters” with all the emphasis of his personality and high standing. He asserted that they should be punished under the laws which they had violated and presented the case to the Indian Commissioners.
Harvey and the trader Campbell made common cause of denouncing Major Savage in return. Word was sent to the Major that they dared him to set foot in Kings River region. Upon its receipt, Savage mounted his horse and traveled to the Kings River Agency.
The events that occurred upon his arrival have been variously described by half a dozen writers. Elliott’s description, which agrees essentially with Bunnell’s, is as follows:
On the 16th day of August, 1852, Savage paid a visit to the Kings River Reservation, but previously to this Harvey declared that if Savage ever came there he would not return alive. Arriving at the reservation early in the forenoon, Savage found there Harvey and Judge Marvin, and a quarrel at once ensued between Savage and Harvey, the latter demanding of Savage a retraction of the language he had used regarding Harvey, whereupon Savage slapped Harvey across the face with his open hand, and while doing so, his pistol fell out of his shirt bosom and was picked up by Marvin. Harvey then stepped up to Marvin and said: “Marvin you have disarmed me; you have my pistol.” “No” said Marvin, “this is Major Savage’s pistol,” whereupon Harvey, finding Savage unarmed, commenced firing his own pistol, shooting five balls into Savage, who fell, and died almost instantly. Marvin was standing by all this time, with Savage’s pistol in his hands, too cowardly or scared to interfere and prevent the murder. At this time Harvey was County Judge of Tulare County, and one Joel H. Brooks, who had been in the employment of Savage for several years, and who had received at his hands nothing but kindness and favors, was appointed by Harvey, Justice of the Peace, for the sole purpose of investigating Harvey’s case for the killing of Savage. Of course Harvey was acquitted by Brooks—was not even held to answer before the Grand Jury. Harvey finally left, in mortal fear of the Indians, for he imagined that every Indian was seeking his life to avenge the murder of Savage. Afterwards, Harvey died of paralysis.
In 1926 the late Boutwell Dunlap unearthed 169 pages of depositions in manuscript form, taken in a law case of 1858 in which the death of Savage was made an issue. The incidents related by the witness under oath are redolent of the old wild days. This testimony comes from the same Brooks who as magistrate had acquitted Harvey. It is quoted as follows:
Twenty-four hours after the Indians had ordered Campbell to leave, Harvey and his company had a fight with the Indians, killing some and whipping the balance. Savage was then an Indian agent appointed by Wozencroft. Savage and Wozencroft made a great fuss about the American people abusing the Indians and succeeded in getting the Commanding General of the U.S. forces on the Pacific to send up a couple of companies of troops to Tulare County, to take up Major Harvey and the men that were under his command and that had assisted him in this horrible murder of “the poor innocent savages.”
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.
Mr. Edmunds sworn, says—“Yesterday morning Major Savage came into my house and asked Major Harvey if he had said he was no gentleman. Major Harvey replied he had said it. Major Savage struck Major Harvey on the side of the head and knocked him down on some sacks of flour, and then proceeded to kick and beat him. Judge Marvin and some one else interfered, and Major Savage was taken off of Major Harvey. Major Savage still had hold of Major Harvey when Major Harvey kicked him. Major Savage then struck Major Harvey on the cheek, and knocked him down the second time, and used him, the same as before. By some means I cannot say, Major Savage was again taken off, and they separated. Major Savage was in the act of attacking him again, when Major Harvey draw his pistol and shot him.”
Question by the Court—Did Major Harvey shoot more than once?
Answer—I think he did; I found four holes in him.
Question—Did Major Savage knock Major Harvey down before he drew his pistol?
Answer—The prisoner had been knocked down by Major Savage twice before he drew his pistol, or made any attempt to shoot him.
Mr. Gonele sworn—corroborates the evidence of Mr. Edmunds. Mr. Knider sworn, also does the same.
This is all the testimony given in as to the fight, Major Fitzgerald, U.S.A., sworn, testified to some facts which induced him to think Major Savage not a gentleman.
The Court, upon this testimony, discharged Major Harvey without requiring bail.