As the crowd converged on the chairs, people who had already paid for the right to sit, abandoned the chairs and fled from the park. One of Spate’s man quit his job on the spot, and he also fled the park. However, another one of Spate’s men continued to try to collect the chair fees. But he quit his job too after an angry old lady jabbed him in the back of the neck with a hairpin. On Monday July 8th, Madison Square Park was the site of almost constant rioting. A dozen or so boys went from chair to chair, sitting for as long as they pleased, accompanied by an unruly crowd threatening to hang any of Spate’s men who tried to collect any fees. A brave and foolhardy Spate employee named Otto Berman slapped one boy in the face. The crowd surrounded Berman and his life was saved by six policemen, who bum-rushed Berman out of the park and into safety. Things had gotten so-out-of-control in Madison Square Park, police reenforcement were called in from the nearby West Thirtieth Street police station.
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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.
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.”
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”: