In the late afternoon, two men occupied two of Spate’s chairs and offered a thousand dollars to any of Spate’s men who could evict them from the chairs. Two of Spate’s men jumped in and tried to collect the reward, but they were promptly beaten to a pulp by the two men, who turned out to featherweight champion of the world Terry McGovern, and former fighter and then-boxing ring announcer Joe Humphreys. The police stormed the park and arrested six rioters, whom they led in cuffs to the Thirtieth Street police station. The policemen and the arrestees were followed by a crowd estimated at 200 people, who were marching in lock step and chanting:
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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The New York City press knew a story when it hit them in the face, so they managed to track down Spate in his offices in the St. James Building, on Broadway and 26th Street, near Madison Square Park. When questioned by the reporters, Spate became indignant. ”I’ll put in as many chairs as they will allow,” Spate told the reporters. ”The attendants who collect the charges are in my pay. They will wear gray uniforms, and each will look after about fifty chairs, from 10 a.m. to 10 p. m. A five-cent ticket entitles the holder to sit in either a five-cent, or a three-cent chair in any park at any time during that day. But the holder of a three-cent chair can only sit in a three-cent chair.”
Spate also told the reporters he was doing the city a favor, since charging for the chairs would keep the undesirables (read – the poor) out of the parks, thereby keeping the parks sparkling clean and free of loiterers who leave a mess in their wake. The outrage from the New York City press and from philanthropists came swift. Randolph Guggenheimer, the president of the Municipal Council, said he ”saw no good reason for allowing private parties to occupy park grounds and make money through a scheme like this.” The New York City Central Federated Union sent a statement to the press denouncing both Spate and Clausen for their ”hideous actions.” The New York Tribune wrote in an editorial, ”This is only another instance of the hopeless stupidity of the present Park Commission.” The New York Journal also wrote an editorial defending the ”rights of poor people to sit in public park.” However, the New York Times saw no problem in what Spate was doing, as long as ”the prices were regulated properly.”