Park Commissioner Clausen tried to defend his actions by telling the press that there were always plenty of free benches for people to sit on, except, of course, on Saturdays, Sundays and holidays. The New York Tribune pointed out that those were the days with the biggest demand for seats in the parks. As this issue became monumental, Spate became more resolute. He ordered more chairs be placed in Central Park, and also in Madison Square Park, which was across the street from his office. Some people paid to sit, and those that didn’t, were unceremoniously thrown out of the chairs by Spate’s thugs in gray suits.
Suddenly, two broad-shouldered men approached the rocking-chair sitters. They wore identical gray suits and they carried black satchels with straps over their shoulders. The men in gray told the sitters that these were private chairs for rent, and that if they wanted to continue sitting they had to fork over five cents a day for the better seats, and three cents a day for seats that were not in as preferential a position in the park. Some people vacated their seats, but others paid. People who did neither were physically ejected from the seats. When they asked why, the men in gray said, ”Them’s Mr. Spate’s chairs.”
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On Saturday July 6th, the situation reached a boiling point. A man sat in one of Spate’s chairs in Madison Square Park, and he absolutely refused to pay the five cents that Spate’s man Thomas Tulley demanded. Finally, Tully pulled the chair from out under the man and bedlam ensued. An angry crowd surrounded Tully and began shouting, ”Lynch him! He’s Spate’s man!” Tulley fought his way through the crowd and sped across the street to the Fifth Avenue Hotel, where he rushed upstairs and locked himself in a room. The crowd gathered in the hotel lobby for about 30 minutes, when policemen arrived and escorted Tully from the hotel to wherever he called home.