davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1935-02-06
Asks for Picture

Q.-Were they given to DR..
Hudson for processing? A.-No.
Q.-As a matter of fact, no.
body outside of your department.
no outside expert-ever ex-
amined those notes, isn't that
true?. Ayes, that is true.
Mr.. Fisher asked the officer
to produce the pictures taken of
the ladder. AS he looked through
them, Verna Snyder, the 278.
pound woman juror, began
coughing.
Justice Thomas w. Trenchard,
who always keeps a vigilant eye
on the jury, noticed this and
ordered some windows opened to
ventilate the court.
A messenger brought in the SO
photographs of the ladder finger.
prints.
The witness was handed the
prints and asked to pick out
photos of the third section of the
ladder. He selected nine and
handed them to Mr.. Fisher.
Q.-You can't tell what the
photos are: The side of the lad.
der, the inside of it? A.-No.
Mr.. Sjostrum was able to iden-
tify some Of the photos after look.
ing at a memo, others he couldn't.
He protested:
II wasn't present when these
were taken. This is just the
way I catalogue them."
''IS this photo here from the
second or third SectiOn?"
either the second or third.
I couldn't say which,"
Hauptmann is holding his chin
up" as his case slowly drags to a
close. He hasn't lost heart. His
courage is undiminished and he is
showing not the slightest signs Of
apprehension or nervousness re-
garding the outcome of the trial.
So says Defense Attorney Fisher
who, more than any of the
defense lawyers, seems to have the
confidence of the man accused Of
kidnapping and numbering the
Lindbergh baby.
Mr.. Fisher told International
News Service today that Haupt-
mann has as keen a perception as
to how his case is going as any
of the lawyers in the case. He
said the defendant closely follows
every bit Of testimony, weighs It
carefully and dissects it as coldly
as the most detached observer.
Mr.. Fisher said:
"Hauptmann is a most remark
able man. / went into the jail
last night with a handful Of
chocolate bars. He and 1 sat
there in his cell and talked
about the case. 1t was amazing
to note the perception Of the
man.
Nothing escapes him. He
knows, as well as any lawyer,
what testimony helped him and
what hurt him. He is abso-
lutely diSpassionate in his anal
ySiS. He has a sense Of humOr,
too. He noted little things as
well as important points and
the horse sense he displayed in
analyZing all the evidence was
q revelation to me-"
The Washington times., 1935-02-06
Photos Lacking

The defense attorney again
stressed the failure of police to
photograph any part of the ladder
showing any Of the nail holes in
it.
Q.-Didn't you at one time re-
mark on the significance Of a
nail hole in that ladder to DR..
Hudson? Al never discussed
the construction Of the ladder
with DR.. Hudson.
.Q-Do you know DR.. Hudson's
Secretary-MisS McGill? A.-Yes.
Q-You have talked with her
several times, haven't you? A.
Yes.
A five-minute recess was taken
at this juncture.
Resuming his examination Of
Mr.. Kelly, Mr.. Fisher brought out
the fact that DR.. Hudson made a
scale model of the ladder for the
Jersey police.
Q.-Didn't you hunt the coun-
try for a ladder of the type Of the
kidnap ladder? Ayes,
The Washington times., 1935-02-06
Officer Called

He was followed by Lieutenant
Sjostrum, of the State police, as
sistant superintendent of the
bureau of Identification.
Defense Attorney Lloyd Fisher
questioned him about the kid
nap ladder.
Odd you have in your
possession fingerprints photos
from the ladder? Ayes.
The witness said the pictures
were made by a subordinate. He
was not present.
Mr.. Fisher then asked for the
photos. The State said they
would be produced later.
Gas to the ladder. Did
the photo show the ladder as
a unit? A.-No, sir.
Q.-How big is a fingerprint
photo? A.-Two and a quarter
by three and a half.
Mr.. Fisher took section of the
kidnap ladder and Mr.. Sjostru1n
explained how big an area of it
could be photographed at one
time. It was a piecemeal job.
The witness said the negative
used was 234 inches by 3 inches
Mr.. Fisher asked him if he
photographed part of the ladder
rail, indicating a section from
the top to the bottom of the rail
The witness said he had not,
The Washington times., 1935-02-06
Ladder Unique

Q.-And didn't you find several
like it in negro sections Of the
South? Ave never found any
thing even remotely resembling
the kidnap ladder.
Mr.. Kelly said he had sent to
Washington to try to learn the
age of the wood.
Q.-Now, did you ever try to
find fingerprints on the ransom
notes? Ayes, I found nothing
of value.
Q.-You examneid the notes
after they had been read and
handled, but found nothing of
value? Al found nothing OF
value.
Q.-Do you know whether DR..
Hudson was permitted to process
the notes with his silver nitrate
process? Al don't know.
Mr.. Fisher asked if Mr.. Kelly
knew that wood could be sand.
papered and still would show a
fingerprint six months old. The
witness said:
eyes, that could be done on
The Washington times., 1935-02-06

acid, process? A.-No. I do
not know that.
Mr.. Fisher pounded away at
failure of the police to take pic
lures of entire pieces of the lad
der, for the purpose Of showing
just where, on the ladder, the
fingerprints were located. The
officer said:
1--WE have marked the photo
graphs to show on what Sec
tiOns of the ladder the various
pictures were taken"
Mr.. Fisher asked:
Didn't you tell DIR. Hudson
that more than 1900 pictures
were taken of the ladder?"
II did mott"
Mr.. Sjostrum was excused and
Trooper Louis Kubler was called
to the stand.
Mr.. Kubler said he was at the
Lindbergh home from March
10 to IA, 1882, and assisted
Trooper Kelly in the processing
Of the ladder for fingerprints.
He said they found no prints
whatever, but that DR.. E. M.
Hudson came to the estate on
March 49,, and began processing
the ladder with the newly de-
veloped silver nitrate process.
This work was started in the
basement Of the Lindbergh home.
It brought out "about 1907
fingerprints, Mr.. Kubler said.
Q.-Isn't it a fact that mem.
ber Of the State police wrote DR..
Hudson that more than 500 prints
had been brought out by the pro.
cess? Al don't know.
The Washington times., 1935-02-06
Fisch Left Box

Mr.. Streppone talked with a
loud voice, shooting out his an
swers the moment he was asked
a question. He is built like a
pugilist. He has black hair and
Swarthy skin.
Edwrad j. Reilly, chief counsel
for the defense, questioned him.
"What was your business in
May 10, 1882
II was a radio repair man."
Showing the witness a photo
graph, Mr.. Reilly asked:
"DO you recognize the man in
thisl"
He was asked:
"That's Isador Fisch?"
SCVaaV
The Washington times., 1935-02-06
DrOUe TGricQb

The witness explained that at
that time he was engaged in "hack-
ing for an independent concern. +"
Q-Do you mean driving a taxi?
A.-YeS.
Mr.. Bruckmann said he saw
F1sch in May, 1888, at Broadway
and Sixtyfifth Street, New York
city. It was about 7 o'clock in the
evening and the witness was at his
hack stand.
Mr.. Bruckmann began:
Mr.. Fisch said to me-"
Mr.. Wilentz objected.
Mr.. Reilly retorted:
81 want to show the sudden
affluence Of Fisch and his dis.
play Of gOld.back bilIs.''
Mr.. Wilentz said:
II object to this, this taking
words from the lips of a dead
man that are impossible to
NNAAn$ -
The Washington times., 1935-02-06

bring out fingerprintS on the
handle of a pick axe?"
Mr.. Kubler doomed:
"That's not q fact!"
The witness said an individual
may leave a print at one time but
at another fail to leave print.
"Then the science of finger
printing is not exact?"
The question was excluded.
Mr.. Kubler was cross s-eXamined
by Attorney General Wilentz.
Q.-If there were no finger
prints near the nail hole you
wouldn't photograph that part Of
the ladder, would you? A.-No.
The Washington times., 1935-02-06
Photo Barred

Dwell, is the stein on the
window sill shown there in the
window or not? A.-No. It's in
a recess.
Mr.. Fisher looked astonished
ana the audience laughed. Mr.
Fisher said angrily:
"Well, then, we'll offer it in
evidence and let the jury de-
cide!"
Mr.. Wilentz objected, as Mr.
Fisher could not prove who took
the picture, shown in a newspaper
clipping. After bitter argument
between the attorneys, Justice
Thomas w. Trenchard excluded
the picture. Mr.. Fisher angrily
excused the witness.
Oscar j. Bruckmann, q chauf.
feur, then was called to the stand
and Edward ]. Reilly, chief de-
fenSe counsel, questioned him.
The witness, slender, darkroom
plexioned man, said he lives in
New York city. Asked if he knew
Isador Fsch, he said:
eyes, I met him when I worked
In the pie bakery business in
1880, as a chauffeur. I saw
Fisch around there. 1 worked
for him."
Odd you see him after you
left his employ? Ayes, in 1888.
The Washington times., 1935-02-06
Tests Made

Mr.. Fisher asked Mr.. Kubler If
he had used DR.. Hudson's process
since March, 1882, and the witness
said:
eyes"
"And found fingerprints on
WOOd?"
'NO."
'Let me refresh your memory.
Didn't you use the silver nitrate
process In . murder case to
The Washington times., 1935-02-06
Held Sane NOW

Q.-You were found guilty of
writing filthy letters to a woman,
weren't you? Ayes, abusive
letters.
At one point Mr.. Reilly inter.
rupted the re-crosseXamination
to exclaim:
"The man is sane now or he
wouldn't be testifying here"
Mr.. Wilentz retorted:
"I'm not so sure about that"
After testifying he was under
no restraint to appear as a wit
ness. Mr.. Streppone was excused
The Washington times., 1935-02-06

TESTIMONY given by
him for the Hauptmann
defense was somewhat rid
died by Attorney General
Wilentz in cross-examina-
tion. He said he saw a
man leave the cemetery
the night the som
money was paid and he
looked like Isador Fisch.
international Photo.
The Washington times., 1935-02-06
Stein on Sill

,Q.-what was it9 "A beer
stein.
GA large beer steinp A
beer stein.
Q.-So that a beer stein stood
in that window when the kidnaper
supposedly crawled in and out Of
the window the night of the kid.
naping and it was undisturbed?
Al don't know about that.
The audience buzZed with aston
ishment at this disclosure, which
had never been brought out be.
fore.
Q-What else was on the
window sill? "A ransom note.
Q-Was the ransom note at
tached to anything? A.-No.
Q.-What kind of a night was
it the night of the kidnapping? Z?
Att was cold.
CIT was pretty windy, wasn't
it? Ayes.
After making this dramatic bid
to renew the impression of an
"inSide job," Mr.. Fischer switched
again to the manner in which the
ladder had been processed for
fin0erprintS and DhOtopraphed.
The Washington times., 1935-02-06
500 Prints Hinted

Odd you ever tell DR.. Hud-
son that over 500 prints were
found on the ladder? Al don't
know.
Q.-You weren't able to find any
prints when you first procesSed
1t? A.-No.
Q.-How many times did you
The Washington times., 1935-02-06
q board imprinted for laboratory

q board Imprinted for laboratory
purposes"
{, James Streppone, radio repair
man, took the stand as the first
witness today.
He testified that on May 10,
1888, ISador Fisch came into the
store in which he was working in
the Bronx and wanted a radio
tested because he didn't like it.. -
Mr.. Streppone said Fisch came
in on another occasion and left
a package which looked "like a
shoe box" He said Fisch called
for Il SiH hnl1rS lofnr
The Washington times., 1935-02-06
T0FPR|NTS
ON LUMBER
IDENTIFIED
(Continued from Page y

(Continued from Page -
corAing to Mr.. Sjostrum, were
the prints of Hauptmann.
Mr.. Sjostrum said when Trooper
Kelly made his investigation i'm.
mediately after the kidnapping, he
could find no fingerprintS on the
ladder nor on the ransom note.
He admitted DR.. Hudson, when he
finally came into the case, was
not shown the ransom note.
Before relinquishing Mr.. Kelly
for crosS-examination, Mr.. Fisher
asked the witness if he had any Of
his equipment in the courtroom.
He had not.
On croSs-examination, Attorney
General David T. Wilentz took the
witness to a window behind the
judges bench and, illustrating,
asked:
'Now, that window sill ex-
tended on the inside of the
room against the wall, didn't
it?"
"Yes."
Q.-(Mr. Wilentz) So that an
object could be placed on the
sill, A.-Yes.
Q.-And isn't that where you
found the beer stein? Ayes.
Q.-So that the beer stein on
the window sill Of the Lindbergh
nursery was inside the room and
not in the opening of the win
dow? A.-Yes.
Q.-Good. Now, if the kid
naper came through the window
of the Lindbergh nursery and was
wearing gloves he would have left
no fingerprintS, would be? A.
No.
Mr.. Wilentz said:
That's ALL"
Mr.. Fisher again questioned
the witness. He showed him a
photograph and asked:
did you take this photo
graph?"
II don't know"
Q-You won't say yes and you
won't say no, is that it? Ayes.
The Washington times., 1935-02-06
l25 Fingerprints

Q.-How many photographs
were taken? A.-Sixty-eight.
Q.-Does this mean there were
SO fingerprints on the ladder?
A.-No, there were approximately
125.
Mr.. Fisher asked when photo.
graphs of the fingerprints were
taken.
"On March FL, 1882"
Q.-Do you mean to say you
The Washington times., 1935-02-06

ooh, about eight times, I
guess"
The witness was casual. Amazed
filters broke out in the audience.
Q.-You were in the psyche
pathic ward at Bellevue Hospital
and your case was diagnosed as
amanic Oppressive psychoSis,
wasn't it? Ayes.
The Washington times., 1935-02-06

PHILIP MOSES
WITNE S at Haupt-
mann trial who created
a laugh by initiating Will
Rogers while on the stand.
He testified in behalf of
the defense's alibi for
Hauptmann. international
Photo,
Evening star., 1935-03-10

Fitting surgical support serious matter Lanbughs takes
ousthas why have graduate the department
constantly doctors instructions carefully carried
Two surgical fitting aside for that make
isurey selection and be correctly fitted prefer will
ofdoco-has why have chosen them for YOU We carry all types
of supports Let us help you with your particular problem.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-04-25
IS To ANSWER
GAMING CHARGE
FOLLOWING RAID
Arrangement Set Today for
Suspects Trapped in
Cleaning Shop.

Thirteen persons, four of them
women, who were arrested yeSter-
day when police raided an alleged
lottery drawing at 1124 Central-av,
will appear in Municipal Court this
afternoon to answer charges that
they violated the gambling laws.
The police vice squad raided the
Nifty Cleaners and reported that
they found a weekly drawing of a
lottery that they say has operated in
the city for four and a half years and
does an annual business Of 100000
They arrested and charged the
following:
Fred Sheats, 1924 Central-av, OPP
Grating a gaming house; David
Gentry, 2021 Brookside-av, visiting
a gaming house; Eugene Walters,
213 Dixon-st, vagrancy; Ora Flint,
1917 Dawson-st, operating a lottery
and gift enterprise and visiting a
gaming house; j. j. Doyle, 424 N.
Randolph-st, operating and visiting;
Cecil Pebbles. 219 E. 10th-st, visit
ing; Elmer Hounshel, 1924 College
av, visiting; Frederick White, 1442
S. Earl-st, operating; Fred E. White,
same address, operating, and Nora
Ricketts,, 2210 N. Gale-st; Marjorie
Quackenbush, 1921 N. Ewing-st; Re-
gina Price, 1909 N. Illinois-st, and
Bertha Golf, 1920 E. Washington
st, all charged with visiting a gam
ing house.
Police say that this lottery is one
of several operating similarly in the
city.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-04-25
3 JITTERY BANDITS
FLEE WITHOUT LOOT
Two Frightened by Crowd
in Office.

An attack of filters and an I'M
loaded revolver thwarted the plans
of three hoodlums late yesterday
and last night.
Two thugs entered the Hoosier
Electric Refrigerator Corp, 943 N.
Meridian-st, late yesterday and an
nounced to a young woman employee
in the cashiers cage, This is a
stickup." They lost their nerve and
fled when they saw a number of
other persons in the office.
Marion B. Knight, 80, of GIT N.
Alabama-st, told police last night
that he was stopped at his front
door by an armed man. The bandit
punched Mr.. Knight in the back
with a revolver and pulled the trig-
ger. The pin snapped and there was
no explosion. Mr.. Knight wheeled
around and knocked the revolver to
one side. The thug fled.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-04-25
INDEPENDENT PRESS
0UTLAWED BY NAILS
Wide Powers Given to
Official by Ruling.
By United Press

By United Press
BERLIN, April 25.-A death blow
to the independent press in Ger
many, to church papers, Jewish
publishers and all non-Nazi organs
was dealt by the government today.
Jews are barred entirely from any
connection with publishing.
The ordinance gives wide powers
to Karl Amman, president of the
Reich press chamber. One far
reaching provision provides that
joint stock companies, limited COM
panieS, societies or endoWments
can not be newspaper publishers.
The vast majority of newspaper
publishing firms in Germany are
either joint stock companies or lin
tied companies, including even Nazi
newspapers.
Publishing concerns of the Reich
government and the Nazi party are
exempt from the ordinance, how
ever.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-04-25
POPE'S PEACE
PRAYER OPENS
LOURDES FETE
Cardinal PaCeIIi, Legate of
His Holiness, Reads Plea
at Services.
Ey United Press

By United Press
LOURDES, France. April 25.-The
Pope called on mankind today to
join in prayer for peace and the
dawn of new era of better times"
The Pope made his plea in a let
ter couched in simple, fervent Ian
guage, addressed to and to be read
by Eugenio Cardinal Paceli, his leg
ate at the three-day service at the
shrine OF Lourdes. marking the end
of the holy year
Cardinal Paceli was greeted by
thousands of pilgrims gathered here
from all over the world.
Pope Plus impaired his solemn
benediction to the pilgrims at
Lourdes, and said:
Let every one pray merciful
Heaven so that serene peace may
return to suffering mortals."
This Pyrenees town in southwest
ern France, a center for pilgrims
since 1858 when vision of the vir-
gin Mary appeared to little Berna-
dette SOubirous as she stood with
her stockings and wooden clogs in
her hand on the banks of a stream,
had its population multiplied many
fold.
Royal personages, including Arch
duke Otto, pretender to the throne
Of Austria; men and women of the
society world; sufferers from de-
formities and diseases who had
saved for years to make the trip,
were here for the start of continuous
masses which, starting at p. m
30 a. m. indianapolis time), viii
end at 3 p. m. Sunday.
In all there will be 140 masses.
During the three-day celebration
Of the festival-called a iridium
100000 masses will be held in
Catholic churches throughout the
world.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-04-25
TWO ARRESTED IN
>LOOTING OF HOME
Pair Admits RanSacking,
Deputies Claim.

Ransacking and looting of the
rural home of Floyd E. Payne, Nc
Farland-rd, was said by deputy
sheriffs to have been confessed by
Haroll Burk, 20, R. R. 1, and Mrs.
Naomi Moore, "a, 726 Gerard-av
after their arrest last night.
Most of the household goods said
to have been taken were recovered
The pair said, according to depu-
ties, that they decided at beer
tavern March 5 to loot the home,
where Burk'S parents once had been
tenants.
Mr.. Payne, who had been in Flor
ida, reported the burglary on his
return yesterday, and estimated the
value of the stolen goods at 1915.
Deputy sheriffs located stolen shot
gun shells in a Brown County cabin
and traced them to Burk, they said.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-04-25
COTTON TAX RAPED
BY TEXTILE LEADERS
Wallace Is Bitterly ASSaiIed
at Conference.
BIZ Inite6 PreSa

By CHlteG Pf6SS
AUGUSTA, Ga, April 25.-Ameri-
cas- cotton textile leaders joined New
England in a battle against the Adj
ministrations processing tax today
when william D. Anderson, presi-
dent of the American Cotton Manu-
facturers Association, bitterly &C
cused Secretary Henry Wallace of
taking "a special delight in harry
ing the textile industry"
Mr.. Anderson attacked the
processing tax in his presidential
message to the thirty ninth annual
convention of the association which
is seeking a remedy for grave ills
taxes and japanese competition
facing the industry.
He branded the processing tax on
cotton, wheat, corn and hogs as a
sales tax of from Is to Is per cent
which is ian unreasonable levy on
the necessities of life" He said the
base of the tax should be broadened.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-04-25
POISONED CREAM PUFFS
BRING HEADACHE WAVE
Hundreds in Exclusive Suburb Mad,
Til nv DeIiCacy,

Hundreds in Exclusive Suburb Made
Ill by Delicacy.
By United Press
WHITE PLAINS, N. Y, April IS.
Authorities today questioned a
theory that an enemy of a large
baking plant caused a flood of
poison cream puffs in exclusive
Westchester suburbs.
A headache wave beset the county
as 479 persons stricken with food
poisoning recovered. Fourteen were
in hospitals. Until dawn today
health officials examined employees
at the plant. They continued a
search for the source of the poison
ing while awaiting laboratory re-
ports of its definite nature.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-04-25
U. S. OFFICIAL TO TALK
Chairman of Mediation Board to
Discuss Job Insurance Here.

DR.. William M. LeiSerson, chair
man of the national mediation board
and an outstanding authority on
unemployment insurance. will speak
before the Indianapolis Chamber of
Commerce membership and guests
Monday night. May 6, on unemploy-
ment iESurancs.
The meeting will be held in the
American Central Life Insurance
Co, auditorium as part of the
Chambers study of unemployment
insurance.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-04-25
SENIORS NAME LEADERS
Glass Day Celebrations Arranged
al ShOrtridge.

John Westfall, Virginia Burford,
Carolyn Hewitt and Fred Tucker
have been elected to positions of re-
sponsibility in the annual senior
class day celebrations of Shortridge
High School. Boys in the class voted
to wear dark coats and light trous-
erS for ceremonies.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-04-25
RULES ON DENTAL LAW
Advertising of Credit Not Violation,
Is Decision of Lutz.

Atty. Gen. Philip Lutz ruled yes
terday that dentists may advertise
that they will extend credit or ar
range terms and by so doing they
will not violate the 1895 dental
regulatory law.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-04-25
NEW YORK EMBARKS
ON JOB INSURANCE
Gov. Lehman Calls Measure EN-
lightened Legislation"

lightened Legislation"
By United Press
ALBANY, N. Y, April 25.-Gov.
Herbert Lehman embarked New
York state on unemployment insur-
ance today by signing bill setting
up a system to take care of this
need.
In my mind" Gov. Lehman said,
this bill stands out as the most
progressive and enlightened piece of
social legislation enacted in this
state in many decades.
THE people of the state of New
York should feel proud that it is
once again leading the nation in
legislation which will increase the
economic and moral security of its
working people"
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-04-25
24oO italian Troops SAIL.

By UnireS Press
NAPLES, April 25.-The steam
ships Colombo and NaZario Sauro
left for MaSSawa. Ertitrea, today.
The Colombo carried 1925 men and
IS officers of the Gavinana infantry
division and the Nazario Sauro took
1909 workmen, go officers, and war
material.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-04-25
FARM DEBTS SLASHED
100000 IN STATE
Cancellation Committees Credited
With Adjustments.

Farm debt Cancellation committees
operating in Indiana have adjusted
farm indebtedness of $1,000, 97351 to
$2,O68, 522.69 as of April %, DR.. E.
S. Shideler, director of the rural
rehabilitation division of the Gov
errors Commission on Unemploy-
ment Relief, announced today.
The committees represent both
creditors and debtors and are COM
posed of citizens of the community
who serve without pay. Either
creditor or debtor may request a
hearing.
The agreements are not binding
unless voluntarily accepted by the
creditors, DR.. Shideler pointed out,
as the committee has no authority
to compel acceptance of any pro-
poSal made.