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.
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:
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Park Commissioner Clausen tried to defend his actions by telling the press that there were always plenty of free benches for people to sit on, except, of course, on Saturdays, Sundays and holidays. The New York Tribune pointed out that those were the days with the biggest demand for seats in the parks. As this issue became monumental, Spate became more resolute. He ordered more chairs be placed in Central Park, and also in Madison Square Park, which was across the street from his office. Some people paid to sit, and those that didn’t, were unceremoniously thrown out of the chairs by Spate’s thugs in gray suits.
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.
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.