The Galveston Daily News from Galveston, Texas • Page 9

Sen. Brooke Not To Face Prosecution For Perjury Wednesday Morning, August 2, 1978 9-A BOSTON lUPi) sen Edward W. Brooke, R- facing a tough reelection fight and a Senate Ethics Committee investigation, was told Tuesday he would not lie prosecuted for perjury a of "misstalements" he made during his divorce. Suffolk County District Attorney Garrelt II. Byrne's decision not to prosecute concurred with findings by retired state Supreme Judicial Court Justice Jacob J.

Spiegel, who asked by Byrne to look into the case. WORLD 1. The geographic center of the 48 contiguous states 2. What two sports are associated with Babe Didrikson Zaharias? 3. One U.S.

gallon measure of water equals 8.33 pounds in weight. True-False ANSWERS 'C PUB Brooke, the nation's only black senator, admitted making "misstatements" in his 1977 divorce deposition filed in Middlesex Probate Court. He was recently divorced from his wife of 31 Remiga. "I am impelled to the conclusion that Mr. Brooke's misrepresentations, although pertinent to the inquiry into his financial liabilities, are not to be construed as material misrepresentations that could have influenced, to a reasonable degree, the determination of the final (divorce) settlement," Speigel told Byrne.

Brooke said he was pleased Byrne and Spiegel "found no evidence to support a charge of perjury in this case." Brooke, a liberal, faces a strong challenge from conservative Avi Nelson in the September 19 Republican primary. Seven Democrats are vying for their party's nomination to oppose Brooke. Massachusetts is a heavily Democratic state. "1 will go back to work as soon as I conclude this press conference," Brooke said, adding he would return to- Massachusetts this weekend to "campaign as vigorously as I possibly can to hold my job and keep my seat in the Senate of the United States." Brooke refused to speculate on the outcome of the Senate Ethics Committee probe, which is also looking into his finances, but said he would resist efforts to turn it into "a fishing expedition." Byrne's decision appeared to end the possibility Brooke would have to worry about a criminal trial during the campaign. Brooke's attorney Charles Morin complained Monday the Ethics Committee's inquiry into his client's financial affairs was too broad.

Under Massachusetts law, perjury is committed by one who "in a judicial proceeding or in a proceeding of a court of justice wilfully swears or affirms falsely in a matter material to the issue or point in question." Spiegel found Brooke overstated his liabilities by less than 4 percent, which he judged lacked material affect on the divorce settlement. GETTING IN THE GLOW are members of Ashton Villa's "Glow of Christmas" committee, from left, Kay Lohec, Margaret Stansfield, Bobbie Soule, Ruth Nash, Elizabeth Towle, Ashton Villa administrator Judy Schiebel, Dot Henkel and Erna Home. "Glow of Christmas," scheduled Dec. 3,4 and 5, is an annual event sponsored by the Galveston Historical Foundation that opens a holiday-clad Ashton Villa to the public and signals the beginning of Galveston's holiday season. This year living pictures of Victorian life will be a special feature of the 1978 theme, Victorian Vignettes.

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