John Philpot Curran, a "celebrated orator," took up Tone's defense in the Court of King's Bench. Curran filed an emergency motion, pleading for the court to get involved. Curran's main point was short:

...that martial law and civil law are incompatible, and that the former [a court martial] must cease with the existence of the latter [a court of civil justice].

The Lord Chief Justice Kilwarden (by all accounts a fair man who was later murdered) agreed. He ordered (scroll down 60%) the Sheriff to inform the military authorities that a Writ of Habeas Corpus would issue to "bring forth the body" of Wolfe Tone to Kilwarden's court.

The Sheriff returned with bad news. The military officials would not cooperate. Lord Kilwarden then ordered the Sheriff to take not only Wolfe Tone into custody but also the military officials who refused to release him.

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