H. T. Reid states that Joseph & Hyrum Smith were required to remain in jail "until discharged by due course of law," and that their trial was postponed by two days.
Hugh T. Reid, July 1, 1844; "Awful Assassination of Joseph and Hyrum Smith:--The Pledged Faith of the State of Illinois Stained with Innocent Blood by a Mob!", Times and Seasons Vol 5, January 1844 - January 1, 1844 [1845], No. 12; p. 560
At evening the Justice made out a mittimus, without an investigation, and committed the two Gen. Smiths to prison until discharged by due course of law, and they were safely guarded to jail. In the morning the governor went to the jail and had an interview with these men, and to every appearance all things were explained on both sides.
The constable then went to take these men from the jail, before the Justice for examination, but the jailor refused to let them go, as they were under his direction "till discharged by due course of law;" but the Governor's troops, to the amount of one or two hundred, took them to the Court House, when the hearing was continued till Saturday the 29th, and they were remanded to jail.