by plaintiff in support of its position do not justify the admission of, or granting of substantial weight to, the hearsay declarations relied on by plaintiff.
In the case of United States v. Carminati, 247 F.2d 640 (2nd Cir. 1957), cert. den. 355 U.S. 883, 78 S. Ct. 150, 2 L. Ed. 2d 113 (1957), relied upon by the plaintiff, the independent evidence connecting Galgano to the conspiracy was his own extra-judicial admission. An admission of guilt, like a confession, must be corroborated. See Opper v. United States, 348 U.S. 84, 75 S. Ct. 158, 99 L. Ed. 101 (1954), cited by the court in Carminati. The hearsay declaration made in Carminati, supra, by one conspirator to another, implicating Galgano, was admitted only for the purpose of satisfying the requirement of corroboration for Galgano's extra-judicial admission of guilt. The opinion does not state that under such circumstances a hearsay declaration is admissible for all purposes, as the plaintiff suggests.
In footnote 20, page 735, of Carbo v. United States, 314 F.2d 718 (9th Cir. 1963), cited by the plaintiff, the District Judge in his charge to the jury states the general rule that when any one of a group of conspirators makes a statement in furtherance of the purpose of the conspiracy, it is binding on all the conspirators, assuming it has been proved that the alleged co-conspirator to which the declaration refers was in fact a conspirator. The facts of the case are not helpful because once the defendant's participation had been independently shown, the hearsay declarations were properly admissible as evidence of the conspiracy, which issue does not exist in the present case since the existence of the conspiracy was established by the record in the criminal trial. Furthermore, defendant's participation in the conspiracy has not been shown in this case.
In United States v. Mesarosh, 223 F.2d 449 (3rd Cir. 1955), the question was whether statements of several of the conspirators, advocating the violent overthrow of the government, could be attributed to all. The court affirmed the rule admitting declarations of co-conspirators in furtherance of the conspiracy against all and stated that the rule 'applies equally to motive and intent as to other issues' (p. 453). Among 'other issues,' the plaintiff apparently seeks to include corroboration. However, here again, as in Carbo, the court was addressing itself to a situation in which it was necessary to prove the existence of a conspiracy and the quoted language is, therefore, inapplicable to the present case.
In Esco Corporation v. United States, 340 F.2d 1000 (9th Cir. 1965), three of the four original defendants pleaded nolo contendere to a charge of price fixing under the Sherman Act. Therefore, the Government had to prove as to Esco, the one remaining defendant, not only Esco's connection but the existence of the conspiracy itself. The court found there was sufficient independent evidence to establish Esco's participation. Esco also disputed the admission of a letter, unaddressed and unsigned, but presumably from one conspirator to another and incriminating Esco by implication. The court states specifically (pp. 1008-1009) that the letter was properly admitted, not to prove Esco's participation but to prove conspiracy generally, which language does not lend support to the plaintiff's position that hearsay declarations of co-conspirators are admissible to corroborate independent evidence of connection where connection with the conspiracy is the only issue.