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.
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.”
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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”:
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.