The Birmingham age-herald., 1907-02-18
James M. Sims COntradictS Himself About Whereabouts
 on Last Saturday Night
FLEMMING TAKES BACK
 STORY ABOUT THE NEGRO
Mrs. Sims Leaves for Blocton After Telling Officer Husband Was Not at Home-coroner's Inquest
 This Morning.

1 The mystery surrounding the killing of Arthur P Johnson, which occurred yes- terday morning al o'clock, Is beginning to clear up and to assume more likely proportions. James Sims, in front of whose house the shooting took place, has been arrested and locked in the county jail, charged with the crime on an order l from Coroner Paris.
 1 Investigation has undoubtedly cleared l w. J. Flemming, the only man who was found on the scene, from all guilt, except for carrying q concealed pistol. Elem ming's story. told to the officer. to the along on the sidewalk and met an un- ruly negro, who shot Johnson to death and then ran away. has been clearly re- futed, and late yesterday afternoon he made a statement to the coroner which sounds much more plausible.
 l According to Flemmng, he had gone to the home of Sims on the corner of Seventh street and Fifth avenue, north, at about 10 o'clock. The part of the l building used as a store was open and Jim Sims, his wife, Biiggie Gillespie, an- other woman, and man were there. Presently the last two went away and Johnson entered.
 Said Sims Did Not Like Him.
 One of Johnson's first remarks was that Jim Sims was the only one in the house who did not like him. Later Elem ming and the Gillespie woman went into the store and the other three to the kitchen.
 A dispute between Johnson and Sims is said to have arisen over the statement first mentioned and after drinking and continuing to quarrel they fought. Mrs. Sims rushed in and separated them, and they began dringlng whisky again.
 Flemming says that Sims finally went upstairs. and he and Johnson stepped out of the rear door, After standing on the steps for ten minutes Johnson took the path around the house toward the street, with Flemmlng walking behind. Just as he reached the sidewalk a man ap- preached, fired once or twice and ran. Johnson dropped dead and Flemming rushed to his side.
 Telephoned for Police.
 Ills story goes on to the effect that he immediately telephoned police head quarters, but that while waiting for Off, hcer Nix to arrive Mrs. Sims told him flor Gods sake' not to mention having been in her house, and they patched up the story that the two men had been walking along and met negro. Mrs | csf.. I,at nd had ba- come frightened by the shooting and ran away. Later she told the officers that her husband was working and had not been at home that night, thus contradict | ing herself
 l As soon as Officer Nix arrived he sent Flemmlng to jail on the charge of carry ing q concealed pistol, and notified Coro- ner Paris, who ordered the sheriff's dogs 1 from Bessemer, and conducted a personal | investigation. The body was not re- moved until the hounds took up the trail They followed the refugee around Smiths park in a circle and then off about three miles until he boarded a street car at Thomas.
 The remains of the deceased were taken in charge by Shaw & Son and are lying there awaiting orders from the coroner.
 Sims Makes Two Statements.
 W29en Tlemming was oross-questioned I sterday afternoon he gave out the story already related, which. together with the statement of another witness, that Sims told him yesterday morning that he had been at work and never at home that night convinced the coroner of the necessity of arrestlng Sims. The ca pture was affected at ' o'clock last night by Deputy Sheriff Sid Cowan, and to him Sims made two statements, first that he had not been at home, and then that he was upstairs asleep all the time
 The coronor felt sure Of his having fired the fatal shot. but did not put much confidence in the motive given In Elem ming's statement. Mrs. Sims, herself, who went to Blocton yesterday morning, it Is said may have been the cause of the shooting. This will probably be brought out in the inquest which will be held oyer the remains this morning at 9:90 o'clock
 Working Without Commission.
 Johnson was not deputy sheriff. but an extra man, without commission. who had been helping Deputy Cook. and had 1 his badge. Both he and Johnson lived at G27 First avenue, with Mrs. Nelson Johnsons mother by her first marriage. The dead man leaves two half-brothers, and a number of friends lie had been Gong some special work for the sheriff, for some time, and at one time worked in Bessemer Funeral arrangements will not be made until the coronors jury arrives