Travis Chick

VOLUME: fPAGES: L-25

STATE OF NEW HAMPSHIRE

CARROLL, SS.

****************

EDI{ARD C. FURLONG, IIT

v,

TOWN OF BARTLETT, TIMOTHYCONNIFEY , AI.INETTE LIBBY ,

BJARTLETT RECREATION DEPARTMENTANd STEPHEN LIBBY

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SUPERIOR COURT

Civil Action No.2r2-20 11-CV-002 98

DEPOSITION OT

TRAVIS CHICK

Held at the offices of Lil' Man Snowmobi.les,

1455 US Route 302, Bartlett, New Hampshire, on Monday,

May 6, 20L3, conmencing at 9:45 a.m.

DUFF"Y & MCKENNA COURT REPORTERS, LLCP.O. Box 1658

Dover, New Hampshire 03821(800) 600-1000

www. dmreporting. com

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APPEARANCES

Representing the Plaintiff:

EDI,{ARD C. IIIRLONG, Pro se1455 US Route 302Bartlett, New Hampshire 03812(603) 374-9257By: Edward C. Furlong, Pro se

ecfurlongG roadrunner . com

Representing the Defendants:

BOYNTON, ViHLDRON, DOLEAC, WOODI4AN & SCOTT82 Court Street, PO Box 418Portsmouth, New Hampshire 03802(603) 3L9-L074By: William G. Scott, Esg.

wscottGnhlawfirm. com

Court Reporter: CheryI B. PalanchianRegistered Merit ReporterCertified Realtime ReporterRealtime Systems AdministratorNH LCR No. 60

STIPUI,ATIONS

It is agreed that the deposition shalI be taken inthe first instance in stenotlpe and when transcribed maybe used for all pua?oses for which depositions arecompetent under New Hampshire practice.

Notice, filing, caption and all other fo::uralitiesare waived. A1l objections except as to form arereserved and may be taken in court at time of trial-.

It is further agreed that if the deposition is notsigned within thirty (301 days after sr:bmission tocounsel, the signature of the deponent is waived.

INDEX

Witness:

Travis Chick

EXA},IINATION PAGE

By Mr. Furlong 4

EXHIBITS PAGE

(No exhibits)

Errata sheet: .23

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TRAVIS CHICK,

having first been duly sworn by the court reporter, was

deposed and testified as follows:

H(AMINATION

BY MR. FURLONG:

a. Can you state your name, please?

A. Travis Chick, C-H-I-C-K.

a. And where do you live, Trav5-s?

A. Jericho Road i-n GIen.

a. How long have you lived here in Bartlett?

A. Nineteen years.

a. And who are you employed by?

A. Town of Bartlett Highway.

A. And how many years have you worked for the Town of

Bartlett Highway?

A. It's been almost eleven, I believe.

A. And what is your title there with the Town of

Bartlett Highway?

A. I'm the road agent.

A. You're the road agent. And how many years have you

been road aqent?

A. This will be my ninth, I believe.

a. Do you remember Mr. Furlong coming up to the town

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g:arage up Town Hall Road and approachj-ng you about

boulders?

A. No, I don't. I don't. I don't.

a. You don't recall Mr. Furlong coming up earlier this

year up to the Town HalI Road and asking you about

who placed boulders between his property and the

A. Oh, earlier this year?

a. Yeah.

A. Yeah.

a. What can you recall about that time?

A. You asked if I knew anything about any boulders at

the precinct fie1d, and if I remember correctly, I

said I weren't getting involved and you'11 have to

go to the Board of Selectmen. I weren't going to

answer anything.

a. You said you weren't going to answer anything?

A. There at that time.

A. At that time. Now, you're here at a deposit'ion

that's prompted that, and you're here today to

answer the quest,ions that f tried to pose to you

back then.

So today I'11 ask you about these boulders,

and that the boulders were placed between the

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A.

property of Mr. Furlong and the B1ack Fly Ball

Field, which is to the east of my property, right

next door. What do you know about that? Remember,

you're under oath, so it's all truth, the truth.

I know, uhm/ we was -- we come up and moved --

somebody came up and moved them. I personally

didn't. I never come up and looked at the rocks.

I didn't come up with the machine and move it. I

did.n't come up after they ivere moved to see where

they went to. So I don't know where they started

from or where they ended up.

You say a machine. What machine was that?

It was our town's backhoe.

The town's backhoe. Okay. Now, do you know where

the boulders originated from?

Nope.

Were they dug out of the ground?

I don't know.

Perhaps maybe they were donated?

Like I said, I didn't have I don't know. I

don't know where they came from, where they started

or -- because I personally didn't come up and look.

So you're the road agent for lhe Town of Bartlett;

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correct?

A. Yeah.

a. That's like the chief position of -- you're the

chief of all the roads and equj.pment, hear4;

equipment?

A. Yep.

a. Okay. WeIl/ vrho did you authorize to use the

town's backhoe to place those boulders down there?

A. It was one of the other town employees, uhm, but I

can't remember which one I sent up. It could have

been the one that is now deceased that worked. I

don't know. I can't remember.

a. What was his name, the one that's deceased that you

can I t remernber?

A. It was Earl HilI.

a. Can you spell that, Please?

A. E-A-R-L, H-r-L-L.

A. And who was the other town employee that' perhaps

might have been the one that you dispatched to use

the backhoe to place the rocks adjacent to

Mr. Furlong''s along the property Iine,

Mr. Furlong's?

A. That would -- the other one was Earle it' could


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have been Earle Ferna1d.

A. Can you spell that, please?

A. E-A-R-L-E. F-E-R-N-A-L-D.

a. Is he still employed by you, Mr. Ear1e Fernand?

MR. SCOTT: "Ferland,. " Isic]

A, "Ferland. "

a. Fer1and. So neither Earl HiIl or Earle Fernand is

no longer with the Town of Bartlett road crew?

A. No.

a. What, oD the day of and I'm assuming this is

back in 2008 when you're -- Mr. Earl Hill or

Mr. Earle Ferland approached you to take the town

backhoe to place boulders on Mr. Furlong's ProPerty

line, what other questions or information was

exchanged? You just said, Oh, okay, 90 ahead, take

the backhoe?

A. Yeah. Because it was they had to have a Piece

of equipment to move them with.

a. To move them. Move what?

A. We were asked to move a few rocks up here at the

precinct fie1d.

a. Where were the rocks? I thought you said you

drdn't know where the rocks or boulders came from?


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A. I don't. Like I said, I never laid eyes on these

rocks personally. Not one bit.

a. Do you remember, being a citizen of Bartlett, the

town of Bartlett, you must have seen these boulders

at one time or another through your travels, I

mean, &s road agent?

A. No. Because I have no nothing to do with the

field up here as far as roads. This was so I

have no reason to come up to this fieId.

a. Do you have -- you have no children that PIay ball

at this field?

A. Yeah, quj.te a few years a9o, but none recently.

A. How many years ago?

A. I would say she's going to be 20, so 15 years

ago, probably, she was in little leagrue.

a. Do you pass this, being road agent for the Town of

Bartlett, do you Pass this ball field regularly

fA

A. No, we don't. No, I don't. None of us do.

There's no town roads past whatever that one is

back there that the government building's on'

a. So there' s no town roads past, the grovernnent

building, which is to the east of this wEY, 1455

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Route 302, but you let your backhoe and your

employee, which is being paid by the hour, I'm

assuming, o! salaried, or what have you, use the

backhoe to go beyond the town roads to move

boulders on the line and block Mr. Furlong's access

to his cabins back in 2008; is that correct?

MR. SCOTT: WeII, he doesn't know where the

rocks were so he doesn't know that there was any

blocking.

THE WITNESS: Right --

MR. SCOTT: f mean, ask the question.

a. But you allowed your employee, either EarI HiII, o!

Earle Fernand to use the town's backhoe, the fuel,

the time of these employees, to go past what would

be any town road to go to another remote location

to do work; is that correct?

A. Yep.

a. Yes?

A. Yeah.

a. Did you ask these employees where they got their

authority from to do this?

A. No.

a. Did you assume it came from the selectmen?

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MR. SCOTT: Well, the authority they

calne

MR. EttRtONe: Bill .

MR. SCOTT : No . This is sturcid.

MR. F\JRIONG: No, it' s not stupid. This is

all pertinent.

MR. SCOTT: If you want to ask him he

said he told his employees to come here and do it.

That's where they got the authority. I mean,

what come on/ Ed. Try and focus here a little

bir.

MR. EIJRLONG: I'm trying to find out who

authorized or who suggested to the employees

MR. SCOTT: He said to the employees, Go

move some boulders. If you want to ask him who

approached him about it, that's fine. Or if

l,IR. EURTONG: I'm trying to find out who

told the employees.

MR. SCOTT: He said to come here to move the

rocks.

MR. EURLONG: But who told the employees to

move the rocks?

MR. SCOTT: So are you asking when the

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employs got here/ who was here to give the

employees direction?

MR. I'URLONG: Who gave them the direction to

even think about

MR. SCOTT: He said he did.

a. Did you all of a sudden Say, Let's put rocks down

somewhere?

MR. SCOTT: Wait a minute. Try and focus.

Okay?

MR. I'URLONG: Yeah.

MR. SCOTT: Ask if You want to ask him

who said boulders have to be moved at the ball

fie1d, then you can ask, when the employees got

here, who was here to direct' the employees. That

is a logical waY to do it.

A. Who requested the employees since no one

requested from you. You stated that no one

requested that you bring boulders down, but your

employees or one of those two employees approached

you saying, I've been requested by this third party

to bring boulders down, was it the selectmen or was

it Annette Libby, the Bartlett Recreation Director?

A. I told one of those employees to come up and move

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the boulders.

a. Move or put down?

A. To move. So

A. And where were the boulders at?

A. I don't know. I had not seen any rocks from the

time this come about to today. I have not seen

these rocks.

a. All right. WeIl, who instructed you or who told

you to put down or puII up any rocks at aII?

A. That come from the selectmen's office.

a. Okay. So the selectmen authorized to put down

boulders or pick up boulders from the property

line, that of Mr. Furlong's property, 1455

Route 302, or the Black FIy Ball Field, which is

adjacent, the selectmen, it came from the

selectmen's office?

MR. SCOTT: The selectmen said to him to

move boulders. The rest of the stuff he said he

had no knowledge of. He doesn'L know where they

came from, $there they were moved to . So I would

object to the rest of your question, Lf that was a

question.

A. Do you know Mr. Don RYder?

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A. I know of him.

a. Do you know what he does for a living?

A. Log:s, to the best of my knowledge.

a. Did you know anything about logs, and also the

that were placed along the borderline of what we're

talking about here?

A. No, I didn't.

a. Do you know a Mrs. Annette Libby, who's Bartlett

Recreation Director?

A. Yep.

Q. How do you know her?

A. Through the rec/ my kids.

a. Your kids?

A. Yeah. Being involved in basketball and school

prog'rans that when they' re young, they're

through the Recreation Department.

a. WeIl, how many kids do you have, Travis?

A. WeIl, if I actually have to answer that --

A. Yes, you do.

A. Five.

A. You have five kids. And what are their ages,

please?

A. Nineteen, seventeen/ eleven/ seven, and six.

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a. AJ.L right. Six, seven and eleven

A. Yeah/ and seventeen and nineteen.

a. The ones that are six, seven and eleven/ are they

sti1l practicing athletics in the school down here?

A. When they srant to participate in the progrErms

during the season; yes.

A. Do any of them play ball here in the field next

door?

A. No.

a. Remember/ you're still under oath.

A. They don' t.

MR. SCOTT: Wait a minute. Stop admonishing

him.

A. They don't and they've never played ball here?

A. Not the six, seven and eleven one, Do. If you have

to know, Ry eleventh is a gir1, she plays softball,

and she plays at the field at the school. This is

baseball.

a. No soccer or anything? I know they play soccer

next door.

A. They do, but she plays basketball.

A. And the other children, they don't play next door?

A. No.

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a. So you know Mrs. Annet,te Libby through -- because

of your young'er children did athletics and,

therefore, Mrs. Annette Libby is the Bartlet,t

Recreation Director, So there's interaction between

you and her through that from time to time?

A. Yeah.

a. Any other interaction, from time to time? Perhaps

like, you know, discussing rocks and stuff like

that with Mr. Eurlong?

A. No.

a. And stuff like that? No?

A. No.

A. Do you know Mr. Stephen Libby?

A. No, not personally. No.

a. Not personally, but on a

A. I think if I saw his face, I might be a.ble to turn

around and say, I think that's Steve Libby. But

I'm not a hundred percent positive.

a. Steve Lrbby, meaning what, he's the husband of --

A. I don't know.

a. -- Annette Libby?

A. I don't know.

a. You're not sure. But you could maybe, if you seen

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A. Yeah. I don't know if I've ever realIv seen him.

a. But you just said you might be a.ble to know who he

was if you

A. Yeah. But that could be that's just through

gossip throughout town, not going up and officially

saying', Hi, I'm so-and-so, who are you.

a. Gossip. Is there a 1ot of g'ossip in this town?

A. I wouldn't say a lot.

a. So you've stated earlier the selectmen ordered you

to to place the rocks along the property line

and/or pick the rocks up along Ed Furlong's

property that abut the baII field next door?

MR. SCOTT: Oblection. He said he was told

that rocks had to be moved. He didn't know

anything at'out where they were coming from, going

Lo, and he sent somebody here to do it.

A. Do you remember which selectman ordered that?

There's three selectmen: Doug Garland, Gene

Chandler and John Tangruay. Do you ternember which

one it was?

A. No. It come through the office.

a. Was that in the form of a memo?

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A. Phone cal-l .

a. Phone call? Do you remember who the caller was?

A. No. It was either Brenda or Lynn.

a. Do you know Mr. Jerry McManus, Travis?

A. Yep.

a. Where does Mr. Mcl'tanus live?

A. Right across the street from your office.

a. Is there a chance that those boulders might have

been donated by Mr. Mcl"Ianus to the Town of

Bartlett?

A. f don't know. I don't have any idea.

a. Do you know how many boulders there were? Were

there one or two or were there truckloads?

A. No. I don' t know.

a. You don't know?

A. I don't.

A. Do you have any opinion aL'out Mr. Furlong?

A. No.

A. I mean, you've lived in town for 19 years. you've

been road ag'ent for nine. I mean, there must be

some kind of word up at the town haII about

Mr. Furlong coming in town and being this or that.

I mean, you must have heard something?

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MR. SCOTT: you're asking for his opinion,

not what he's heard?

a. Do you have an opinion?

A. No.

a. why was it that earlier this year when Mr. Furlong

approached you up at the town ha1l at your garage

you were reluctant to speak with him?

A. Because f don't have to speak to anybody that, I

don't want to.

a. WelI, Lf you didn't have a negative opinion of

Mr. Furlong, why wouldn't you speak to him on such

benign issues as a bunch of boulders being --

A. I didn't say I had a negative opinion or anything,

I just said I don't have to speak to anybody I

don't want to.

A. Why wouldn't you speak to Mr. Furlong that day?

A. Because I didn't want to.

a. why?

A. Because I didn't have to.

a. Were you told by the selectmen not to speak to him?

A. No. You didn't come and have any road, town road

issue or complaint, had no road work questions, and

it was after hours, it was not a road emergency/ so

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didn't have to speak ahout anything.

was asking you about a backhoe that was used,,

your backhoe, that you had the authority over,

about placing rocks, boulders down on my property

line. That was pertaining to you, and your

services that you do for the Town of Bartlett.

That was pertaining to a piece of equipment, but

nothing to do with roads. And like I said, it was

after hours. We were on our way home. So I didn't

have to stand there and discuss anything.

Because you feel, in your mind, if you did discuss

anything pertaining to those boulders or rocks,

that it could jeopardize somebody else, somebody,

maybe perhaps the selectmen? you get the selectmen

in trouble if you started talking; did you feel

that?

No.

Now, that backhoe was used to put the boulders

down, and then to renove the boulders; is that

correct?

MR. SCOTT: Ed, he said he didn't know what

was done with the boulders.

MR. FIJRLONG: Can you let him answer the

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questions / please?

MR. SCOTT: The first time f'lL let him

answer. When you ask it five times and he tellsyou the same thing five times

MR. FURLONG: I never asked --

MR. SCOTT: The answer's no.

MR. EURLONG: -- pick them up and put them

down' The backhoe's been down here more than once.

A. Has the backhoe been down here more than once next

to Mr. Furlongr's properLy doing work?

A. Not that I recal1. The only thing it was, w€ were

asked to move some rocks;.

a. Move some rocks?

A. Yep.

A. And where were those rocks located?

A. I don't know, Ed. I dicbe't see them. I don't

know.

a. You don't know?

A. I don't know where they were, where they cErme from,

where they went.

A. It was your piece of equripment that, was used to

move them?

A. Yeah. I trust my guys that run it to go, if I ask

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them to go do something, to go do it. I don't have

to ba-by-sit them.

MR. FTIRLONG: Okay. I don't have any more

questions. Thank you.

MR. SCOTT: Okay.

(Thereupon, the depositj.on was concluded at10:10 a.m.)

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CERTIFICATE

I , CheryI B. Palanchian, a Licensed Court

Reporter of the State of New Hampshire, do hereby

certify that the foregoing is a true and accurate

transcript of the testimony of Travis Chick, who was

by me duly sworn, taken at the place and on the date

hereinloefore set forth and under the conditi-ons

present.

I further certify that I am neither attorney

or counsel for, nor related to or employed by any of

the parties to the action in which this deposition was

taken, and further that I am not a relative or

employee of any attorney or counsel employed in this

case, nor am I financially interested in this action.

THE FOREGOING CERTIFICATIONDOES NOT APPLY TO AI.IY REPRODUCTION OTMEANS UNLESS UNDER THE DIRECT CONTROLOF THE CERTIF"YING COURT REPORTER.

OF THIS TRANSCRIPTTHE SAME BY A}TY

AND/OR DIRECTION

CheryI B. PalanchianCertified Shorthand Reporter

Registered Professional ReporterRegistered Merit Reporter

Certified Realtime ReporterNH LCR No. 60

Travis Chick

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