VOLUME: f PAGES: L-25 STATE OF NEW HAMPSHIRE CARROLL, SS. **************** EDI{ARD C. FURLONG, IIT v, TOWN OF BARTLETT, TIMOTHY CONNIFEY , AI.INETTE LIBBY , BJARTLETT RECREATION DEPARTMENT ANd STEPHEN LIBBY **************** 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, LLC P.O. Box 1658 Dover, New Hampshire 03821 (800) 600-1000 www. dmreporting. com , ',' rfllFi\rr, n ,^ h ,.=, jriii(alJNiAL
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Transcript
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
****************
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,
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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Travis Chick, 5/6/L3
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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;
a.
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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