THE STATE OF NEW CARROLL COT]NTY, SS. EDWARD C. FURLONG, rlr, ].455 US Route 3O2, pO Box 447 Bartlett , NH 03 B i_2 ptainti ff , v. TOWN OF BARTLETT 56 Town HalI, Road Bartlet,t, NH 03912, and TIMOTHY CONNIFEY Bartlett Police Chief RR1 Box 49 Town HaI1 Road, fntervale, NH 03g45, SUPERTOR COURT Case No. 2L2-201L-cv-00298 HAMPSHIRE and Annette Libby Bart,Iett Recreational Director i-5 Meadows Drive Madison, NH 03949 Defendants. DEPosrrroN oF srEpHEN R. LrBBy, a deponent in the above-mentioned matter, taken pursuant to ag.reement by counsel, before Susan F. Lozzj-, Registered Professional Reporter, License No. !4o, in ttre state of New Hampshire, ert the Bartlett rown Hall, 5G Town HaIl Road, Bartrett, New Hampstrire, orr Thursday, October 18, 2OL2, commencing at, 9:03 a.m. DUFFY & McKENNA REPORTING AssocTATEs P. O. Box l_56g Dover, NH 0382J_-l_G5g (503) 743-4949 ToII Free: 1 (BOO) GOO-LOOO Duffy & McKenna Court Reporters, LLC 1-800-600_1000
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THE STATE OF NEW
CARROLL COT]NTY, SS.
EDWARD C. FURLONG, rlr, ].455 USRoute 3O2, pO Box 447Bartlett , NH 03 B i_2
andAnnette Libby Bart,IettRecreational Director i-5Meadows Drive Madison, NH 03949
Defendants.
DEPosrrroN oF srEpHEN R. LrBBy, a deponent in theabove-mentioned matter, taken pursuant to ag.reement
by counsel, before Susan F. Lozzj-, RegisteredProfessional Reporter, License No. !4o, in ttre stateof New Hampshire, ert the Bartlett rown Hall, 5G Town
Direct Examination by Mr. FurlongCross-Examination by Mr. Scott
No.No.
No.
EXHIBITS
DescriptionOne-page docrrment by Stephen R.Libby, dated Decemblr 4, 2OOg.Plaintiff, Edward C. Furlong,sFirst, Set of fnterrogatories to beanswered by Defendant Stephen Libbyand six colored photograpts
22 i and do a thorough outline of the precinct field and
23i then submit this docrrment to the Selectmen,s office I
Steven Libby
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without their giving you commissioning you to do
that?
A. Because in 2008 the rec department
received a grant, to build dugouts and a stred on theprecinct field and although it was municipalproperty and did not require to be to fotrow thenormal setbacks, Director Annette Libby wanted tomake sure that all setbacks were adhered to and
since there were no boundaries, r offered to do theresearctr at the registry.
a. Which schools did you attend, Mr. Libby?
A. Lin-Wood High School and elementary school
and Berlin Tech.
O. And how long did you go to Berlin Tech?
A. That was a two-year program.
a. And what was tlle courses that you studiedtlrere?
A. I majored in water, wastewat,er technology.
a. Have you ever studied land use, anythingto do with portions of land, surveying, researchingdeeds, perhaps, or anything of that nature thatwould facilitate you in this endeavor that you
lproperty- r'|ve been behind on the forestry propertybut never on Mr. Furlong,s property.
3 i a. What was your business with the U.S.Forest, Terry Miller, €ts seen in a picture with youstanding on Mr- Furl0ng's property next to the cabinand you stated it was a shed.?
MR. SCOTT: Do you have the picture?Do you know the picture?
THE WfTNESS: f believe I saw thatpicLure. Oh, yeah.
A. Do you have that picture to refresh my
memory of exactly where r was standing because
A. I need to refresh your memory?
A. I never stepped foot on your property, soif you have the picture showing where f was
standing', I could probably t,eII you where I was
standing in relation to your property.a. Did you not converse with the forest
service supervisor, Mr. Terrance Miller?20 | A. I most certainly did.,li a. So you were on my property?
A. I was not on your property. I was on23 i f orestry property t,he entire time.
ball field taking a picture of ttre three trees with
the grade stake marking the new g'ranite monument tothe rear of the property, and the next picture inline is just a close-up of that that shows two ofttre blazed trees a little more clearly with no
buildings in view.
a. According to your statement here that you
submitted December 4Eh, 2008, to t,he Selectmenrs
Office, in the seventh paragraph, the last line you
state Although the photo I t,ook a picture with my
cellptrone. Although the photo reproduces very
grainy, the lighted cab of tlre pickup can be seen
parked between the motel and the telephone pole with
yellow tape. What was that comrnent in reference to
if you're just
A. I believe that one picture there was the
day we were putt.ing up the gate on ttre property
and
a. Excuse me. Wtrat property?
A. On the ball field property, across the
front entrance to the property to keep vehicles out
sometime after the missing forest,ry corner boundary
had been replaeed and Black FIy Field had been
surveyed, I was running a string 1ine along therecently surveyed property line and Mr. Furlong didapproach me. He accrrsed me of spying, to which freplied I was simply marking property lines.
He then accused me of being orr hisproperty, to which I replied ttrat I was working we1l
within the confines of Black Fly property but thatttre brush tre stacked was clearly on Black Flypropert,y and needed to be removed.
One late faII day while a work party was
installing snow fence from the other end of the
stockade fence to the back granite bound,
Mr. Furlong' did approach us. He questioned what we
were doing and who authorized it.
He was holding up a newspaper as though he
was reading i t; t,hen he would bring out a camera,
snap a pieture and hide t,he cErmera. Af ter doing
this several times, one of the individuals in ttre
work party suggested that he just put down his paper
I, , do hereby cert,ify t,hat I haveread the foregoing transcripl of my testimony andfurther cerrify that said tianscriit (with/without)suggested corrections on the Errat-a sheet is a trrr"and accurate record of said testimony taken at thetime and place designated..
State ofCounty of
Subscribed and sworn toof , 2012.
SUBSCRIPTION OF DEPONENT
Date
Notary PublicState of New HampshireCommission expires: