It is true that the discerning intellect of the world is always much in advance of the creative, so that there are competent judges of the best book, and few writers of the best books.
Nobody supposes that doctors are less virtuous than judges;
but a judge whose salary and reputation depended on whether
the verdict was for plaintiff or defendant, prosecutor or prisoner,
would be as little trusted as a general in the pay of the enemy.
It is the duty of the Judge in criminal trials to take care that the verdict of the jury is not founded upon any evidence except that which the law allows.