What was Soapy’s first plan? Why did it not work?

Soapy’s first plan was to go to a fine restaurant to have dinner and later refuse to pay since he had no money, which he thought would get him arrested. He would, then, be taken to the judge next day, who would sentence him three months in the prison on Blackwell’s Island.

This plan did not work because as soon as Sopay stepped inside a fine restaurant at Broadway, his shabby clothes attracted the head waiter’s attention and he was immediately thrown out.