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.
Things quieted down for a few days, as few people protested paying for the seats. That all changed on Wednesday 26, 1901, when the city’s outside temperature rose above 90 degrees. By Saturday the temperature had risen to 94 degrees and nineteen people had perished in New York City due to the insufferable heat conditions. The temperature reached 97 degrees on Sunday, making it the hottest day on record with the Weather Bureau since June of 1871. On Sunday, fifteen more people died, and on Tuesday, with the temperature rising to 99 degrees, two hundred deaths were reported. There were 317 heat-related deaths on Wednesday, which made, in the time period from June 28th to July 4th, a total of 382 heat-related deaths in Manhattan alone, along with 521 hospitalizations for heat prostration. Altogether, in a seven-day period in the metropolitan district of New York City, which included Brooklyn, the Bronx, Queens, and Richmond County, there were 797 deaths and 891 heat prostrations. Things were so bad, that on July 2nd, the city’s hospital ambulance drivers worked 24 hours straight with no relief.
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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.”