Page:Federal Reporter, 1st Series, Volume 6.djvu/77

 i'ISCHEB V. HAYES. 65 �ant on the twenty-eighth of July, 1879. The defendant op- posed the motion on affidavits, and the court made an order on the first of August, 1879, requiring the defendant to per- mit an inspection on the part of the plaintifi of his machinery for bending sheet metal, and of the method of bending such sheet metal used by him. The order said: "It being the object and intention of this court to enable the complainant herein to present such evidence to the court herein as will enable the complainant to make ont, if the fact be so, the infringement of the patent here in suit, and a contempt of the injunction heretofore isaued and served herein;" and referred it to Mr. Shields to ascertain the fact of said infringe- ment, "if the same be so, " and report his finding to the court, and ordered "that the complainant may examine before the said referee, George Hayes and ail his employes and assist- ants, and that both parties may examine such other witnesses as they may elect to examine." The reference before Mr. Shields commenced on the twenty-ninth of August, 1879. Witnesses for both parties were examined before the referee. The defendant was examined on the part of the plaintiflf, and took no objection to the propriety or lawfulness of his being examined. He was also examined as a witness on his own behalf. The report of Mr. Shields was filed January 8, 1880. This court had, on the thirtieth of June, 1879, on motion and due notice, made an order adjudging the defendant guilty of contempt by using a machine for bending sheet metal in violation of said injunction. The proceedings covered by the motion which resulted in the order of August 1, 1879, related to a violation after June 30, 1879, and the testimony before Mr. Shields and his report related to such a violation. Mr. Shields, in his report, found that the defendant had, since the order of June 30, 1879, infringed the fourth claim of the patent, and stated in detail wherein such infringement con- sisted. The defendant filed exceptions to the findings in the report. On ail the proceedings in the case, and the testi- mony taken before Mr. Shields and his report, the plaintiff moved before this court, on due notice, "for an order for attachment for contempt and punishment herein, notice of v.6,no.l — 5 ��� �