Later that day, with the heat still beating down on the park-goers, another one of Spate’s men evicted a boy who was sitting in one of Spate’s chairs in Madison Square Park and had refused to pay the necessary five cents. An angry crowd attacked Spate’s man, and when a policeman tried to intervene, he was dumped into the park’s fountain. Spate’s man fled the park in fear, and after he did, delighted people began taking turns sitting in Spate’s chairs (without paying of course). When nightfall arrived, several people carried Spate’s chairs home with them as trophies to grace their own living rooms. The following day, Sunday, July 7th, the uneasiness moved to Central Park, where a huge crowd gathered in defiance of Spate and his green rocking chairs. While two of Spate’s men guarded Spate’s precious chairs, the crowd marched perilously close to the chairs chanting to the tune of ”Sweet Annie Moore”:
Finally, on July 11, a hero named Max Radt, the vice-president of the Jefferson State Bank, went into state Supreme Court and got an injunction forbidding Spate and the Park Commission from charging people to sit in Spate’s green rocking chairs. Spate, realizing he was a beaten man, promptly put all his chairs in storage. A few days later, Spate announced to the press he was ”abandoning his project.”
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By this time, the president of the Park Commission George C. Clausen was figuratively tearing the hair from his own head. Having first said he could do nothing about the situation without the permission of the rest of the Park Commission, Clausen then reversed himself and said since he was the one who had confirmed Spate’s contract, he could also revoke Spate’s contract with New York City. Spate quickly answered by by getting a court injunction ”restraining Mr. Clausen and the Park Commission from interfering with his valid contract with the City of New York.”
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In an act of desperation, Spate ordered his men not to place his chairs on the ground, but to pile them in heaps in Madison Square Park and Central Park, and rent them only if they were paid for in advance. However, as soon as someone rented one of Spate’s chairs, members of the crowd grabbed the chair and broken it into little pieces. Soon the crowd, tired of Spate and his chairs, began bombarding Spate’s men with rocks and stones, as Spate’s men hid behind and under the chairs piled up in heaps. Spate himself entered both parks to try to enforce his contract, but was forced to flee both times, as he was chased with rocks and stones flying past his head.