travis chick
DESCRIPTION
DepositionTRANSCRIPT
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,
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;
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
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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him, know who Stephen Libby was?
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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Travis Chick, 5/6/L3
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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Travis Chick, 5/6/t3
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