Sometimes, learn to just cut your losses

Mountain Moments

By Dwight Barnes

(Updated: Wednesday, March 26, 2008, 5:15 PM)

As April Fool's Day nears, it seems appropriate to retell the story of a trick pulled by Johnny McBean, who operated a general merchandise store in Hornitos early in the 1850s.

For some time there had been animosity between McBean and the local law, represented by Constable Sam Breen, apparently dating back to a personal disagreement that ended in a fight in which McBean had roundly thrashed Breen.

According to the late Joe Smith, who for nearly 24 years in mid 20th century wrote a historical column for The Fresno Bee, it all came to a head when Hornitos, then a town of some 5,000, incorporated. The first law enacted was to assess a license fee for people doing business in the new town.

Now, merchant McBean didn't take too well of the idea of having to pay for the privilege of conducting his business. He put off buying the license until some competitors began to complain. These complaints reached the ears of Constable Breen who saw a chance to even the score by making an example of his foe.

It was the following day, however, before the constable had time to visit Johnny's store. McBean, of course, had heard of the constable's threat and was prepared.

Then constable looked over the stock and a bolt of bright red took his eye. He asked the price. McBean said $5.

"Wrap it up, I'll take it," Breen said. Johnny did so, handed the package and pocketed the payment.

"Got you now," the constable smirked, "For selling merchandise without a license," Breen grinned at him.

"But I have a license," the merchant told him. "See, here it is. I got it first thing this morning."

The crestfallen constable spluttered and fumed, but he was licked and he knew it. He was out $5 and all he had to show for it was a few yards of cloth for which he had no use.

"What'll do with this stuff?" he muttered.

"I'll give you half what you paid for it," McBean offered charitably. "It's used merchandise now, you know."

The constable pondered for a few moments. After all, he could cut his loss to $2.50 by reselling. He agreed, gave the merchant the package and stalked unhappily out.

McBean grinned to himself, waited five minutes. Then he locked up the store and hurried down to the office of the justice of the peace, where he signed a complaint for the arrest of Constable Sam Breen on a charge of selling merchandise without a license.

A collection of the tales of history written by Fresno Bee reporter and editor Joe Smith between August 1950 and March 1974 were put together in 1992 by volunteers from Sierra Historic Sites Association of Oakhurst and the McHenry Museum and Historical Society of Modesto and published by the Bee under the title "From the Valley to the High Sierra."