The 1952 Trial and Execution of William Fiori, New Zealand

Several years ago I wrote a blog about the murder of some family members, John and Maria Gabolinscy in December 1951. I had never looked further than their murder other than knowing the perpetrator was hanged for his crime. I thought I would look into the trial through the newspapers as the records about the deeds are restricted within the New Zealand Archives. New Zealand online newspapers only went as far as 1950 through Paperspast. For further information, I would have to access newspapers through Trove within Australia of all places. The Australian news did actually follow the trial of William Fiori as it happened in New Zealand. Please note that I am using the names in the newspapers as printed even though they might be known by other names. To prevent arguments about variations of the names, I will be using what has been stated as their names on official death certificates especially John Arthur Gabolinscy even though he might be known as Jack Arthur and John Robert. The original blog about the murder I wrote in 2011 is included in the sources

In the early hours of the 19^th of December 1951, John Arthur (Jack) Gabolinscy and Eveleen Maria (Maria) Gabolinscy were shot to death in their bed after William Geovanni Fiori entered their house in Minginui to steal the payroll for the local mill that John had collected earlier the day before. The value of the payroll was £1,163 that went missing from the home. John had been the manager of the local timber mill in the town. The thief and murderer would escape the scene in Gabolinscy’s truck before dumping it half a mile down the road.[1] William Geovanni Silveo Fiori and employee at the same mill would with his wife travel to Rotorua that morning to buy a vehicle and other items using the money he had stolen. William would later be arrested in Otrohunga around the 20^th of December.[2]

On the 24^th of January the courthouse where the murder trial was being heard. The courthouse was packed with onlookers who couldn’t get a good visual of Fiori, who was handcuffed to an officer. That day they had only heard from 16 of the 36 witnesses.[3] There were mob scenes in Rotorua when William Fiori had to attend court at the Rotorua Police Court on the 25^th of January 1952. People were talking about lynching the man and the mother of Marie stated she wanted to kill the beast (William). In court the murderer pleaded not guilty to the charges and the case would be set for trial in the Hamilton Supreme Count the next month.[4] The police had claimed during the murder trial they have saved William Fiori from the Lynch law from the public feelings after the murder of the Gabolinscy’s when he was in Rotorua, but he might be hanged by the government instead.[5]

At the Hamilton Supreme Court on the 14^th of Feb 1952, police alleged Fiori had confessed to the murder. Fiori’s lawyer pointed out that Fiori did not have the intelligence and was easily led by his wife.[6] During the trial it was found that William owed people money in the town of Minginui and did not want to disappoint his wife, so stole the money. During the trial it took the jury, 42 minutes to find him guilty.[7] During this period New Zealand had reintroduced capital punishment, which did not work in William Fiori’s favour. Capital punishment had been abolished by the Labour Government in 1936 and reintroduced by the National Government in November 1950. Punishment could have gone either way and he might have gotten life in prison.[8] Capital punishment would again be abolished when Labour came into power in 1957. Fiori was the first of eight killers who were executed in seven years of National government.[9]

On the 13^th of March 1952, William Giovanni Silveo Fiori was secretly hanged at the Mount Eden jail in Auckland. The government kept the details of the event secret until after the man had been hanged. Fiori would be the first man to be hanged in New Zealand in 17 years.[10] An opinion piece published in September 1952 writes about William Fiori being of sub intelligence and the writer is against the use of the death penalty. The article almost says that William Fiori could have been mentally handicapped, that is the word usage from the time period. The rest of the article will be in the bibliography and footnotes.[11]

June Fiori the wife of William was found guilty on the 7^th of May for theft in the Hamilton Supreme Court.[12] June was sentenced to four years hard labour for receiving money knowing it had been dishonestly obtained on the 23^rd of May.[13] She claimed to have burnt the money when she learnt how her husband had obtained it and learning about the murders.[14]

Sources / Bibliography / further reading

Kitchin, Peter ‘When New Zealanders paid the ultimate penalty’, Dominion Post, 13 September 2008, https://www.pressreader.com/new-zealand/the-dominion-post/20080913/285705520038356, accessed 19/05/2020.

Rorke, Jinty Policing two peoples: a history of police in the Bay of Plenty 1867 – 1992, New Zealand Police, Wellington, 1993.

T.H. H., ‘Murder and society – Why Fiori’, Salient, Vol. 16, No. 18, 1952, http://ganesha.nzetc.org/tm/scholarly/tei-Salient16181952-t1-body-d6.html, accessed 19/05/2020.

Life of Timber Mill Manager cut short, 2011 blog,

https://tangaroa81.blogspot.com/2011/01/life-of-timber-mill-manager-cut-short.html

Unknown, ‘Murder’s wife goaled’, Kalgoorlie Miner, 24 May 1952, https://trove.nla.gov.au/newspaper/article/256890012, accessed 19/05/2020.

Unknown, Guilty of £600 theft’, Queensland Times, 8 May 1952, https://trove.nla.gov.au/newspaper/article/124579593, accessed 19/05/2020.

Unknown, ‘Handcuffed during murder trial’, Warwick Daily News, 25 January 1952, https://trove.nla.gov.au/newspaper/article/190402812, accessed 19/05/2020.

Unknown, ‘Callous killer, saved from lynch law will be hanged’, Mirror, 23 February 1952, https://trove.nla.gov.au/newspaper/article/75782910, accessed 19/05/2020.

Unknown, ‘NZ may re-introduce hanging’, National Advocate, 19 February 1952, https://trove.nla.gov.au/newspaper/article/161391352, accessed 19/05/2020.

Unknown, ‘Man killed to buy a car for his family’, Barrier Miner, 15 February 1952, https://trove.nla.gov.au/newspaper/article/49236178, accessed 19/05/2020.

Unknown, ‘Arrest in NZ double shooting’, Morning Bulletin, 21 December 1951, https://trove.nla.gov.au/newspaper/article/57111422, accessed 19/05/2020.

Unknown, ‘Lynch talk in murder case’, Truth, 27 January 1952, https://trove.nla.gov.au/newspaper/article/201517687, accessed 19/05/2020.

Unknown, ‘Man sentenced to die for double murder’, Truth, 17 Feburary 1952, https://trove.nla.gov.au/newspaper/article/167974589, accessed 19/05/2020.

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[1] Jinty Rorke Policing two peoples: a history of police in the Bay of Plenty 1867 – 1992, New Zealand Police, 1993, p. 116.

[2] Unknown, ‘Man and wife murdered at Minginui Village’, The Rotorua Post, 20 December 1951; Unknown, ‘Arrest in NZ double shooting’, Morning Bulletin, 21 December 1951, https://trove.nla.gov.au/newspaper/article/57111422, accessed 19/05/2020.

[3] Unknown, ‘Handcuffed during murder trial’, Warwick Daily News, 25 January 1952, https://trove.nla.gov.au/newspaper/article/190402812, accessed 19/05/2020.

[4] Unknown, ‘Lynch talk in murder case’, Truth, 27 January 1952, https://trove.nla.gov.au/newspaper/article/201517687, accessed 19/05/2020.

[5] Unknown, ‘Callous killer, saved from lynch law will be hanged’, Mirror, 23 February 1952, https://trove.nla.gov.au/newspaper/article/75782910, accessed 19/05/2020.

[6] Unknown, ‘Man killed to buy a car for his family’, Barrier Miner, 15 February 1952, https://trove.nla.gov.au/newspaper/article/49236178, accessed 19/05/2020.

[7] Unknown, ‘Man sentenced to die for double murder’, Truth, 17 February 1952, https://trove.nla.gov.au/newspaper/article/167974589, accessed 19/05/2020.

[8] Unknown, ‘NZ may re-introduce hanging’, National Advocate, 19 February 1952, https://trove.nla.gov.au/newspaper/article/161391352, accessed 19/05/2020.

[9] Peter Kitchin, ‘When New Zealanders paid the ultimate penalty’, Dominion Post, 13 September 2008, https://www.pressreader.com/new-zealand/the-dominion-post/20080913/285705520038356, accessed 19/05/2020.

[10] Unknown, ‘Murderer hanged at night’, The Daily Telegraph, 14 March 1952, https://trove.nla.gov.au/newspaper/article/248743823, accessed 19/05/2020.

[11] T.H. H., ‘Murder and society – Why Fiori’, Salient, Vol. 16, No. 18, 1952, http://ganesha.nzetc.org/tm/scholarly/tei-Salient16181952-t1-body-d6.html, accessed 19/05/2020.

[12] Unknown, Guilty of £600 theft’, Queensland Times, 8 May 1952, https://trove.nla.gov.au/newspaper/article/124579593, accessed 19/05/2020.

[13] Unknown, ‘Widow sentenced’, The Canberra Times, 24 May 1952, https://trove.nla.gov.au/newspaper/article/2855889, accessed 19/05/2020.

[14] Unknown, ‘Murder’s wife goaled’, Kalgoorlie Miner, 24 May 1952, https://trove.nla.gov.au/newspaper/article/256890012, accessed 19/05/2020.

William Roger Kells, Undertaker of Palmerston North

Looking through any newspaper especially those from the past and you will always notice funerals and obituaries. Usually the notices will include the name of the funeral director and / or the company they are part of. Looking into the person, or the company you might find there is more to their lives than just a simple funeral and looking after those who have passed on. I have done a basic search on a family member that is down one branch of the family within the New Zealand town of Palmerston North. If you really want the complicated relationship then William Roger Kells is my Father in law of sister in law of 1^st great grand uncle, which means I probably ended up somewhere with Alice in Wonderland.

Deciding to have a look at the lives of William Roger Kells through online newspapers in New Zealand has led to some interesting discoveries and I wanted to touch on some of his business partners too at the same time. I wont go into too much depth into the lives of these people, but I am probably only scratching the surface about these people from a different period in time. The main skill involved within this blog for the people involved was carpentry, which included making of furniture and cabinetmaking. Conducting funerals through William and his colleagues seemed to be a natural migration for those working within the carpentry industry. From reading it is a common migration to build coffins if you are a carpenter.[1] Tracing the business through time, you can get a sense of what they are up to and how time is changing specially when you see the introduction of technology and techniques from horses to motorised vehicles being introduced.

William Roger Kells first comes to light as an undertaker around 1909 through an advertisement in the Manawatu Standard, a newspaper within the Palmerston North area of the North Island in New Zealand.[2] William went into business with Charles Pike as a business partner sometime in 1912, when the business was known as Kells and Pike. The other half of the business, Mr Pike was known as Charles Pike, or Chas. Pike. Charles was a member of a brass band, which I would guess was how the two men had met or were known to each other. William on his marriage in 1901 was a drummer in a brass band known as Jupp’s Band.[3] Jupp’s Band was managed by William James Jupp, who passed away in 1937, had started the brass band in 1889 and would last for around fifty years, which would include World War 1 in New Zealand.[4] Both men were carpenters listing themselves as cabinetmakers and upholsters through the many advertisements in the newspapers. William and Charles would dissolve their business together and go their separate ways around 1917. William would be located on 88 Rangatiki Street from 1917 onwards, although would move several times.[5]

Charles Pike otherwise known as Chas can be found through many advertisements throughout the local Palmerston North newspapers. In a 1922 advertisement for his business located at 193 Main Street, Palmerston North, he classed himself as a cabinetmaker and undertaker. He was well known for his furniture making for both the quality of the product and the price. The undertaking side of the business does come across as a side venture.[6] Charles Pike would go bankrupt in November of 1923.[7]

William Kells in 1917 had a news article written about him leaving Kells and Pike to go into business for himself. He seen that there was a demand for undertaking services in Palmerston North and had been a part of that business for many years. He can perform both burials and cremations, has a mortuary chapel on the premises, and a hearse drawn by horses. He does construction work when required.[8] Searching through advertisements meant I had to look using different spellings of William’s name. Many are WM. R Kells, William Kells, William R Kells. Around 1924, William Kells would end up with a new form of transport as he advertised the services of motorised hearses heading away from the horses.[9] In 1925 said he had been undertaker for 18 years, so that would mean he started around 1907. Someone had claimed they gave him money to bury a child, which never happened as is seen by the article from the NZ Truth located in the footnotes.[10] In August 1926, William moved to new premises in Palmerston North at 395 Main Street East. He had updated his hearses again, unless they were the same vehicles advertised in 1924. The move was meant to be due to a better location and closer to the Terrace End cemetery.[11]

In September 1929, William Kells had joined up with E.E Perrin a builder to form Kells and Perrin LTD at 81 Rangitikei Street.[12] The life of William Roger Kells, Undertaker was not always so straightforward as he was involved with several court cases including coroner inquests. The inquest was known as he Price Inquest held in April 1930. Walter Edwin Price had been found shot in his home. William Kells had to give evidence and the information provided by other people ended up being contradictory.[13] In November 1931 there was a court case where William was called as witness to a murder case known as The Karere Tragedy in the newspapers.[14] An article about Kells and Perrin points towards the reality the business is run by both senior and junior meaning father and son were in business together. Through the electoral roll in New Zealand the son, Joseph was classed as an undertaker from 1935. They were still within the funeral industry, now owning two motor hearses equipped with all devices used for handling a body.[15] Father and son are actually involved in the building trade together and the advertisement meant they were able to organise funerals anywhere on the North Island of New Zealand.[16] In 1934 the business Kells and Kerrin LTD changed to Kells and Son, when Joseph Kells was made into a full partner with his father William.[17] I don’t know how much longer William stayed as part of the business, but he would have still been working during the Second World War while Joseph was serving overseas. Joseph was mentioned as a funeral director in October 1945 at 619 Main Street in Palmerston North. [18] William would pass away on the 28 of October 1955 in Palmerston North and was buried in Terrace End Cemetery.[19]

Sources

Family History, Christchurch Library,https://my.christchurchcitylibraries.com/family-history/death-burial/

Cowling, Charles A Brief History of Undertakers, 3 August 2012, https://www.goodfuneralguide.co.uk/2012/08/a-brief-history-of-undertakers/, accessed 18/05/2020.

Unknown, ‘Funeral Notice’, Manawatu Standard, 8 November 1909, https://paperspast.natlib.govt.nz/newspapers/MS19091108.2.4.2, accessed 18/05/2020.

Unknown, ‘Obituary Mr W. J. Jupp’, Evening Post, 10 February 1937, https://paperspast.natlib.govt.nz/newspapers/EP19370210.2.158, accessed 18/05/2020.

Unknown, ‘Social Gossip’, Free Lance, 13 July 1901, https://paperspast.natlib.govt.nz/newspapers/NZFL19010713.2.16, accessed 18/05/2020.

Unknown, ‘Advertising Memoranda’, Manawatu Times, 7 September 1917, https://paperspast.natlib.govt.nz/newspapers/MT19170907.2.8, accessed 18/05/2020.

Unknown, ‘National Dairy Show’, Manawatu Standard, 20 June 1922, https://paperspast.natlib.govt.nz/newspapers/MS19220620.2.35, accessed 18/05/2020.

Unknown, ‘In Bankruptcy’, Manawatu Times, 10 November 1923, https://paperspast.natlib.govt.nz/newspapers/MT19231110.2.8, accessed 18/05/2020.

Unknown, ‘W.R. Kells’, Evening Post, 31 October 1917, https://paperspast.natlib.govt.nz/newspapers/EP19171031.2.139, accessed 18/05/2020.

Unknown, ‘Page 6 advertisements column 4’, Manawatu Times, 9 February 1924, https://paperspast.natlib.govt.nz/newspapers/MT19240209.2.52.4, accessed 18/05/2020.

Unknown, ‘Page 8 advertisements column 4’, NZ Truth, 16 May 1925, https://paperspast.natlib.govt.nz/newspapers/NZTR19250516.2.40.4, accessed 18/05/2020.

Unknown, ‘Page 16 advertisements column 3’, Evening Post, 1 March 1927, https://paperspast.natlib.govt.nz/newspapers/EP19270301.2.148.3, accessed 18/05/2020.

Unknown, ‘Page 1 advertisements column 1, Manawatu Standard, 24 September 1928, https://paperspast.natlib.govt.nz/newspapers/MS19280924.2.4.1, accessed 18/05/2020.

Unknown, ‘The Price inquest’, Manawatu Standard, 11 April 1930, https://paperspast.natlib.govt.nz/newspapers/MS19300411.2.90, accessed 18/05/2020.

Unknown, ‘Charge of Murder’, Manawatu Standard, 11 November 1931, https://paperspast.natlib.govt.nz/newspapers/MS19311111.2.10, accessed 18/05/2020.

Unknown, ‘Kells and Perrin LTD’, Evening Post, 15 June 1932, https://paperspast.natlib.govt.nz/newspapers/EP19320615.2.162.2, accessed 18/05/2020.

Unknown, ‘Kells and Perrin, LTD’, Evening Post, 1 November 1933, https://paperspast.natlib.govt.nz/newspapers/EP19331101.2.200, accessed 18/05/2020.

Unknown, ‘W.R. Kells and son, LTD’, Evening Post, 14 June 1934, https://paperspast.natlib.govt.nz/newspapers/EP19340614.2.177.2, accessed 18/05/2020.

Unknown, ‘Funeral Directors’, Manawatu Standard, 10 October 1945, https://paperspast.natlib.govt.nz/newspapers/MS19451010.2.5.1, accessed 18/05/2020.

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[1] Charles Cowling, A Brief History of Undertakers, 3 August 2012, https://www.goodfuneralguide.co.uk/2012/08/a-brief-history-of-undertakers/, accessed 18/05/2020.

[2] Unknown, ‘Funeral Notice’, Manawatu Standard, 8 November 1909, https://paperspast.natlib.govt.nz/newspapers/MS19091108.2.4.2, accessed 18/05/2020.

[3] Unknown, ‘Social Gossip’, Free Lance, 13 July 1901, https://paperspast.natlib.govt.nz/newspapers/NZFL19010713.2.16, accessed 18/05/2020.

[4] Unknown, ‘Obituary Mr W. J. Jupp’, Evening Post, 10 February 1937, https://paperspast.natlib.govt.nz/newspapers/EP19370210.2.158, accessed 18/05/2020.

[5] Unknown, ‘Advertising Memoranda’, Manawatu Times, 7 September 1917, https://paperspast.natlib.govt.nz/newspapers/MT19170907.2.8, accessed 18/05/2020.

[6] Unknown, ‘National Dairy Show’, Manawatu Standard, 20 June 1922, https://paperspast.natlib.govt.nz/newspapers/MS19220620.2.35, accessed 18/05/2020.

[7] Unknown, ‘In Bankruptcy’, Manawatu Times, 10 November 1923, https://paperspast.natlib.govt.nz/newspapers/MT19231110.2.8, accessed 18/05/2020.

[8] Unknown, ‘W.R. Kells’, Evening Post, 31 October 1917, https://paperspast.natlib.govt.nz/newspapers/EP19171031.2.139, accessed 18/05/2020.

[9] Unknown, ‘Page 6 advertisements column 4’, Manawatu Times, 9 February 1924, https://paperspast.natlib.govt.nz/newspapers/MT19240209.2.52.4, accessed 18/05/2020.

[10] Unknown, ‘Page 8 advertisements column 4’, NZ Truth, 16 May 1925, https://paperspast.natlib.govt.nz/newspapers/NZTR19250516.2.40.4, accessed 18/05/2020.

[11] Unknown, ‘Page 16 advertisements column 3’, Evening Post, 1 March 1927, https://paperspast.natlib.govt.nz/newspapers/EP19270301.2.148.3, accessed 18/05/2020.

[12] Unknown, ‘Page 1 advertisements column 1, Manawatu Standard, 24 September 1928, https://paperspast.natlib.govt.nz/newspapers/MS19280924.2.4.1, accessed 18/05/2020.

[13] Unknown, ‘The Price inquest’, Manawatu Standard, 11 April 1930, https://paperspast.natlib.govt.nz/newspapers/MS19300411.2.90, accessed 18/05/2020.

[14] Unknown, ‘Charge of Murder’, Manawatu Standard, 11 November 1931, https://paperspast.natlib.govt.nz/newspapers/MS19311111.2.10, accessed 18/05/2020.

[15] Unknown, ‘Kells and Perrin LTD’, Evening Post, 15 June 1932, https://paperspast.natlib.govt.nz/newspapers/EP19320615.2.162.2, accessed 18/05/2020.

[16] Unknown, ‘Kells and Perrin, LTD’, Evening Post, 1 November 1933, https://paperspast.natlib.govt.nz/newspapers/EP19331101.2.200, accessed 18/05/2020.

[17] Unknown, ‘W.R. Kells and son, LTD’, Evening Post, 14 June 1934, https://paperspast.natlib.govt.nz/newspapers/EP19340614.2.177.2, accessed 18/05/2020.

[18] Unknown, ‘Funeral Directors’, Manawatu Standard, 10 October 1945, https://paperspast.natlib.govt.nz/newspapers/MS19451010.2.5.1, accessed 18/05/2020.

[19] William Roger Kells, Terrace End Cemetery, Palmerston North, https://www.pncc.govt.nz/services/cemetery-and-cremation-search/warrant/?id=21072, accessed 18/05/2020.