O Henry: Tremendous author...or plagiarist?

Remember that classic O Henry story where the bum wants to get sent to the Island for a few months so he can be warm and fed during the holiday season? How he throws a rock through a store window to get arrested...no luck. He tries to act drunk and disorderly and gets passed off as celebrating a rowing victory? He embarks on a little crime spree trying to get arrested. The rock through the store window is the best since the cops don't believe he would do it and not run.

In other words, no matter what crime he commits he cannot get arrested. But then he commits essentially a non-crime...loitering...and gets arrested and sentenced to the Island after all.

Well...who knew O Henry was merely plagiarizing the real-life adventures of Radim Kopecky? I mean, sure, O Henry wrote his story before Kopecky was born and in the story Soapy changes his mind just before he gets arrested...but other than that, he was eerily similar. Who do I complain to about this?