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.
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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.”
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.”
On Tuesday, July 9th, the riots continued in both Madison Square Park and Central Park. However, the New York City police took a different tactic, when they were ordered by Police Commissioner Michael Murphy not to aid any of Spate’s men trying to collect fees, and not to arrest any of the rioters, unless court magistrates issued arrest warrants for the individual rioters. At this point, several of the magistrates told the press they would not issue any warrants, which gave the rioters the (wink-wink) go-ahead to do as they pleased with Spate’s chairs.