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a0 9 | @ , | . ] | 205. Jury trial as it was know at the time that Amendment was written and became a part of the Constitution? Me, Mikva. | There is no question ip my mind, no, Bir. — Mr, Sourwine, Axe you able to say from your researches and studies whether this included the freedom of deliberation of the Jury? | My; Mikva. Iam not able to. asy tat, siz. As a matter of fact, from what I understand of the tam, in my own humble opinion, that has never really been considered a part of i% in the sense that we are now discussing 1%. I refer pargiculariy to the doctrine in many states, including the State ‘of Kansas, in which a ‘jury's verdicts can bo impeached by the sworn testimony of a juror, who is required to get up there in | court and testify as to what he said and what the other jurors said, with a purpose toward: impsaching the verdict. ‘Me. Sourwine. Wovld the Seventh Amendment, sir, be applicable to a jury in a Kansas State court? | Mr. Mikva, It would be applicable to a Federal Jury ,. I think, 1n Kansas, sitting in the State of Kansas. Mr, Sourwine. Were you talking about Federal juries just now? . Mr, Mixva. I think I was talking about both Federal and State, sir. _ Mr, Sourwine. Is the rule the same in Kansas, both Federal and State?