Note 452 — Chapter VI · JOHN WILKES, VICTOR BERGER, AND THE FIVE MEMBERS

Cooley, op. cit., 429; Code Cr. Proc., §§ 793 ff.; Gaynor, J. (afterwards Mayor), in Matter of Blum, 9 Misc. 571 (1894), in nullifying a warrant of arrest issued on information and belief: “Human liberty was never so cheap as that under our law.... It is important that crime should be punished, but far more important that arbitrary power should not be tolerated. The ‘oath or affirmation’ required is of facts.” Comfort v. Fulton, 39 Barb. 56 (1861), accord.