462.115232/186

The Solicitor for the Department of State (Hackworth) to the Assistant Secretary of State (Castle)

Mr. Castle: I am informed by Mr. Martin, Assistant to the American Agent, Mixed Claims Commission, United States and Germany, that grounds for a new trial on the Black Tom explosion are based in general on—

1.
Newly discovered evidence.
2.
Failure of the Commission to give proper weight to certain evidence submitted by the American Agent.
3.
Action of the Umpire in taking part in the discussions and in joining in the opinion.
4.
Failure to give proper consideration to the fact that the United States made out a prima facie case which Germany did not refute.

Mr. Martin states that the motion was filed this morning.40

G[reen] H. H[ackworth]
  1. The petition for a rehearing in the so-called Kingsland case was filed on January 22, 1931.