The Birmingham age-herald., 1912-11-02
S1OO,OOO DAMAGE SUIT ON AT CAPITAL Sensational Testimony Ex-
 pected in Tillis Case CHAUFFEUR IS FOUND Boyette Sues Millionaire Father-in- Law for Alleged Alienation of
 Wife's Affections--Some In-
 teresting Testimony
CHAUFFEUR IS FOUND

Montgomery. November 1.--(specialD- During two hours on the stand in the civil court this afternoon I. D. Boyette clearly told The jury of Richard Tillis', his father-in-law, indifference to his pleas for assistance in stopping associations be- tween Mrs. Boyette and Peter J. Vest hofen during the early months of the present year and until the middle of June, when Westhofen died from blood poison caused by pistol wound. A part of the time Boyette matched his wit against clean cut cross examination of defendants s counsel, at times showing anger and at others strong emotion when asked di- rect and cutting questions. Tillis prompt ed his attorney during the cross -examina- tton and showed nervousness at many points of the plaintiffs testimony.
 Trial of the suit in which Boyette is demanding s100,0OO of his father-in-law, Richard riiijs. for ah alleged alienation of his wife's affections, began Friday morning when Judge Gunter overruled the plaintiffs motion for a continuance. Boy ette's attorneys declared that Isaac White negro chauffeur, was absent and that he could give important evidence about the charges preferred against Til- lis
 An affidavit of Boyette's certifying to what White would testify if in court was allowed to go into the record and it furnished the first sensation. He stat ed that White would testify that Mrs. Boyette Peter J. Westhofen. Tillis and Mrs. Ophelia Tillis took long automobile rides during the day and night, that the chauffeur was used as messenger be- tween Mrs. Boyette and Westhofen, that the Tillis family went to St. Augustine, Fla. where they were met by Westhofen and that one time Mrs. Boyette and the German were riding in an automobile when it broke and the couple walked to Montgomery, a distance of several miles.
 Immediately after the case was called Boyette's attorneys amended the com plaint and made Mrs. Ophelia Tillis, Rich ard Tillis' wife, a party defendant to the suit. Tillis k owner of the Montgomery Light and Traction company and is mill 1ionaire. He sat in court and often smiled at points in the testimony which seemed to be ridiculous. Boyette told the Jury of certain occasions when he had appealed to Tillis to get rid of Westhof- tn's services at the cooperage works ot which he, Boyette, was manager. He said he told Tillis of the Germans frequent visits to his home and of unheeded warn- 1ngs given by himself and said that 1lllis refused to interfere, but told him that he thought he and his wife's had better sep arate as he trillis) did not like him.
 After relating instances showing Vest hofen's open attentions to Mrs Boyette, he said he discharged the former from the cooperage works and wrote Tillis to that effect the same night. The latter re- ii.stated Westhofen and shortly after wards removed Boyette as manager of the plant Other witnesses introduced by the defense were Mrs. Lela Hal who testified that during a residence in her home Boyette and his wife appeared to be a devoted couple. When asked di- lectiy if Boyette was. kind to his wife she answered affirmatively, but when asked if the same applied to Mrs. Boy cite she hesitated and lodged the ques- ton by saying that they, like all other couples, "sometimes had their little diff fererces." Mrs. stone, a homeopathic doe tor, who spent prolonged periods in the Tillis and Boyette homes, admitted that Richard Tillis told her Boyette was bad man and it was strange his wife was so fond of him. Rev. Bob Jones' a Metno- dist evangelist. was on the stand for a few minutes to identify certain letters written Tillis by Boyette. He said that he had read these letters before they were mailed and that in the capacity of a Ieacemalxer and friend of both Boyette md Tillis he had gone to the latter in all effort to see if pleasant relations could not be re-established. He said Tilis seemed to think his daughter was not to blame for the differences that had arsen
 The defense, just before adjournment suddenly sprung a sensation by announce Ing that Ike White, former chauffeur for the Boyette family had been located in Birmingham and would probably be here Saturday. The defense has been trying to locate the negro for several weeks and his absence had previously caused two Iostponements in the case.