Batman and The Case of the Stolen Story

 The Shadow of the Bat

Before Batman, before Superman, before comic books at all, there was The Shadow. And there were many pulp series, comprising text without illustration, publishing stories quite similar to those also heard on the radio. Some years back, the revelation broke that the very first Batman story, from Detective #27, borrowed – heavily, it turns out – from an earlier story featuring The Shadow. This was revealed by brief comments from the Batman story’s writer, Bill Finger, and then explored more deeply by Will Murray and Anthony Tollin in a special issue, The Shadow #9, back in 2008.

It’s worth beginning by making a careful distinction: Certainly many prior stories and ongoing serials helped inspire Batman as a character, as a concept. In the aforementioned issue of The Shadow, Murray and Tollin, in two separate essays, break this history down in impressive fashion, naming some obscure pulp stories that were available to Bill Finger and Bob Kane when Batman was being formulated as an idea. Murray and Tollin identify about six possible connections between certain 1930s pulp crime dramas and Batman; early Batman writer Jerry Robinson, penning a piece in the same volume, added more based on his in-person experience with the first years of Batman stories, and his knowledge of what he, Kane, and Finger had been reading.

It’s two different matters, though, to say that a character was inspired (or borrowed or stolen) versus to say that a story was inspired (or borrowed or stolen). In terms of defining the character either as we know him now, or even as readers knew him in the early 1940s, that first story isn’t particularly significant; it’s simply one story of many, and it easily could be shuffled into some other location in the first year’s worth of Batman stories, or omitted entirely, and the character doesn’t come across any differently. Without that first six-page story in 1939, Batman would still be Batman. So, we are not discussing here whether that story by itself robbed the entire idea of Batman from the creators behind The Shadow. The point under discussion here is if that particular story was lifted from an earlier story, and there is no need for the “if” – it certainly was.

Anyone who reads both of the stories will see the similarity; Murray and Tollin spend, combined, little more than a paragraph discussing the point. My ambition here is to flesh out the details and itemize exactly what was borrowed and what wasn’t. In doing so, we will find out, first, why the first Batman story creates such a strange and relatively insubstantial impression and, second, that perhaps the greatest thing borrowed from that Shadow story was not a few pages of Batman plot but some compelling details crucial in defining the Joker, who did not appear until nearly a year later.

A Tale of Two Tales

To lay out the basic facts, the 1939 Batman story “The Case of the Chemical Syndicate” (CCS, for short) obviously borrows from Theodore Tinsley’s 1936 The Shadow story “Partners of Peril” (POP); nobody could read both and fail to see the strong similarity. As Murray and Tollin note, POP even likens The Shadow – twice – to a bat. However, CCS is not simply a retelling of the entirely of POP, because that is not possible: POP is much longer than CCS, at about 60 pages of text as opposed to 6 of comic panels. POP has far more plot and detail than could conceivably be packed into the shorter format; POP has many more characters, many more scenes, and much more intricacy than CCS. And so, it’s not the case that CCS does or could contain all of the plot of POP; rather, essentially all of CCS is selected from the details of POP. Moreover, the selection of which details are borrowed and which are not was not very carefully made, and the comprehensibility CCS suffers considerably as a result.

That said, we may construct a breakdown of how closely CCS is borrowed from POP. CCS has a total of eight named characters, while five others (presuming that several brief appearances of a policeman represent the same policeman) have an extremely minimal quantity of dialogue. The eight with substantial presence are the following:

• Four businessmen

• Batman, appearing both in costume and as Bruce Wayne

• Commissioner Gordon

• The son of one businessman

• The assistant of one other businessman

This cast corresponds fairly well to the most prominent characters in POP, with some modifications: The “son” character in CCS belongs to the first businessman in the story, whereas the “son” in POP belongs to the third businessman we see. And, Gordon in CCS is a sort of amalgam of POP’s Commissioner Weston and a separate character, an ace detective of the police department named Joe Cardona. Some of the many additional characters in POP include a niece of one businessman, many faithful assistants to The Shadow, and an entire gang of armed thugs who participate in several action scenes that as part of a massive red herring of a side plot corresponding to nothing whatsoever found in CCS.

The plot of CCS boils down to this: Four businessmen are partners in the ownership of a chemical company. One of them decides that he can profit by killing the other three, eventually owning the entire company without needing to pay for the other three-quarter shares. In his effort to kill them one by one, he succeeds in killing the first two before Batman intercedes. In the end, Batman spares the life of the third partner, subdues the evil businessman’s assistant and a final struggle claims the life of the villain, who falls into a tank of acid. As far as that goes, it’s a simple plot, and a sensible one, as far as people who are willing to kill for large sums of money go. Nearly everything in this paragraph describes, equally well, POP, except that in POP, the assistant is killed, the evil businessman is arrested, and the hero is The Shadow rather than Batman. Moreover, the “son” in CCS is the son of the first businessman and is briefly put forth as a suspect for his father’s murder; the son in POP is the son of the third businessman and appears throughout the story, sometimes as a possible culprit and nearly becomes, more than once, a victim of the killers.

Batman explains the plot of Tinsley's story

Now, with the greater length of POP, we can imagine adding in the other elements of the plot, primarily the involvement of a gang who is trying to steal one of the products of the chemical company. While the story unfolds, the reader is uncertain if the murders were committed by the gang, who are in fact willing to kill if that helps them achieve their ends, but as it happens, they did not commit the two murders. The uncertainty the reader has throughout the story regarding the role of the gang, the involvement of one businessman’s niece, and many action sequences in which The Shadow and his helpers cross paths with the fourth businessman’s thugs and/or the gang is what makes POP a story that engages the reader for over an hour while CCS is a trifle that flits by in a few minutes.

This is the relationship between the two: A long story published in 1936 has a central plot and some side plots; a shorter story published in 1939 keeps the central plot, changing it only slightly, while eliminating the side plots. Case closed?

Left in the Shadow…

Around 2008, I read many comic book stories that had been published between 1935 and 1942. The first stories featuring Superman, Batman, and various members of the Justice Society were of great interest to me, and as “The Case of the Chemical Syndicate” is such a quick read, and has such a central place in comics history, I read it many times. These readings left me with a minor but general sense of befuddlement that I might never have expressed if it weren’t for the fact that Grant Morrison put the same idea into writing. In their book Supergods, Morrison says of CCS that it has “a bizarrely complex plot…” “It’s not a great story, and no matter how often I read it, I’m still left slightly in the dark as to what it was about.”

Several Golden Age stories give me a similar impression, that the logic doesn’t quite hold up, and I suppose that when it comes down to brass tacks, the writers were poorly paid, probably hustling through a chore to get their rent money, and had a juvenile readership to entertain. With the artwork providing more of the entertainment than in all-text adventure stories, the comic book plots didn’t need to stand up to the scrutiny of academics with advanced degrees, so we can explain the confusion, perhaps, on writers who were simply careless and had no great incentive to be otherwise.

There are indeed gaping plot holes in CCS, as there are in other Golden Age comic book stories. That said, the extent of the plot holes and illogic in “The Case of the Chemical Syndicate” exceed even that which was normal at the time. To list just a few:

• The killer warns each victim, before the attempt on his life, with threats. There is no apparent reason to do this. The killer simply needs for the three men to be dead, and that could only be easier if there were no advance warning. Without such threats, the plan probably would have succeeded.

• Ordinarily, a series of murders that result in one person profiting would make the killer’s identity obvious, so the story asserts that the partnership was in fact secret, but offers no reason why it would have been secret.

• When Batman bursts into the lab where the third businessman is nearly killed, he enters a glass dome where the man is trapped, then plugs a vent through which gas escapes, then breaks the glass to free them. This is a strangely complicated death trap and it’s even stranger that Batman, who enters the room at the last moment, would understand the mechanism and how to defeat it.

• When the villain’s assistant subdues the third businessman, the assistant announces, “Soon, I’ll control everything!” It is unexplained why an assistant would believe that he would control everything, and this is at odds with the subsequent exposition indicating that the fourth businessman, the assistant’s boss, is the one who would control everything.

When one reads POP, one finds explanations for most of these plot holes.

Gas as a weapon doesn't even make sense here

• The contracts, in POP, stipulate that the fourth partner is buying the company from the other three over a period of ten years, but must pay the same total sum even if one or two of the three die during that time. Therefore, when there is a threat to any of the three, it makes the others who are being bought out the likely suspects. The fourth ends up expecting to profit only because all of the other three are to be killed. [Why anyone would agree to such a contract, that robs one’s heirs of the payments, is never explained in POP, and is seemingly present only to drive the plot forward.] Therefore, the death threats towards the first two businessmen direct suspicion, at least temporarily, to the third victim rather than to the actual killer. In POP, then, the death threats serve a purpose. In CCS, they are counterproductive.

• In POP, The Shadow is present, but hidden, during a very lengthy scene in which the assistant explains how the death trap works. This scene, and the poison gas in general, drive an aforementioned side plot involving poison gas being developed as a weapon for the military and a gang that wishes to steal its formula. Therefore, in POP, there is a reason for this complex apparatus to exist, and the Shadow knows how to deactivate it. Batman, barging in suddenly from outdoors, should not have that information. A fragmented description of the death trap is just a weird digression from the plot and the whole story would make more sense if the assistant or the fourth businessman simply tried to kill the third businessman by more conventional means.

• In POP, the assistant is for many pages offered as the most likely identity of the killer, and the reader is given reason to believe that the fourth businessman – the assistant’s boss – is to be yet another victim after the first three are killed. It’s a plot twist that comes after the assistant is dead when The Shadow reveals that the fourth businessman sought to frame his assistant as the killer of the other three. Therefore, the assistant has an important role in the narrative of POP, but in CCS is just a bizarre distraction.

Bill Finger not only took his plot from POP, but also took details indiscriminately from the longer story, which had lengthy exposition explaining some of its stranger aspects, such that Finger’s story, which includes certain details but no explanations, ends up almost nonsensical. In a better and tighter story, Finger could have kept the details of the contracts that offered a reason for the killer to issue threats to the businessmen. Further, he could have simplified the death threat to the third man from poison gas to something more conventional, and eliminated the assistant, who plays no useful purpose in the story that the villainous businessman himself couldn’t have performed. The haphazard inclusion of certain details from POP is precisely what makes the story, as Morrison notes, bizarrely complex, and hard to absorb. It certainly would be a better and tighter story with a few simplifications. We can say now with confidence that the eventual success of Batman was not hindered by the weakness of his first story, but this helps explain why that first story did not go on to become a staple for later writers to reference in loving homage.

Stop Me If You’ve Heard This One Before

While the above lays out the relationship between POP and CCS, it was another observation, coming as early as POP’s first page, which struck me earlier, and has perhaps never been noted before. Perhaps the most vivid match between POP and a Batman story is not with May 1939’s Detective #27, but with 1940’s Batman #1, and this detail does not reside only in a Golden Age comic book, but was also adapted, as a significant piece of Batman lore, into a memorable scene in 2008’s The Dark Knight. In fact, the character whose schtick is most directly borrowed from POP is not Batman but the Joker.  While Anthony Tollin states, “there is no concrete evidence to suggest that Tinsley’s stories influenced the development of DC Comics’ Joker,” there is overwhelming evidence that the same story already discussed here influenced the first Joker story, if not the character’s overall concept. Less than a year after Finger borrowed extensively from Tinsley’s POP for the plot and many story elements for the first Batman story, he went on to borrow many plot elements for the first Joker story – more than could conceivably be a coincidence.

While Jerry Robinson was the creator of the Joker, and his comments printed in The Shadow #9 go into some detail about previous pulp stories that may have provided inspiration for Robinson, his own reflections indicate that he did not write the first Joker story. Instead, he conceived of the character, and then, to his disappointment, Bill Finger was given scripting duties for the first Joker story, which opened the series of stories that appeared in Batman #1. And we already know that Finger read POP and felt free to borrow from it without limitation.

Batman #1 contains both the first and second Joker stories, which also happen to be the second and fourth stories with Dick Grayson. (Hugo Strange and Catwoman serve as the villains in two stories that appear between the two Joker stories.) The first of those untitled Joker stories has the following plot: On three separate occasions, the Joker breaks into a public radio broadcast to issue a threat against a prominent man. In each case, the Joker names an exact time later the same evening at which the man will be killed. In the first two instances, the victim is a wealthy man and the threat also specifies a robbery that will take place; in the third case, the threat is leveled at a judge who had previously sent the Joker to prison. All three of these attacks proceed exactly as the Joker predicts, but he is followed by Batman and Robin after killing the judge. After tussles between the heroes and the villain prove inconclusive, the Joker heads off the same night to commit another robbery (apparently, he made this threat to Robin off-camera). During this fourth attempted crime, he is stopped and apprehended by Batman.

In its overarching structure, this story is only a little like POP: There are four prominent men, threats, and killings, but the main plot is different. Unlike in POP, there is no mystery regarding the identity of the culprit, and no major mystery regarding motive, as the robberies serve as their own motivation, and the Joker has a grievance against the judge. (There is no apparent motive for the Joker to kill the first two men aside from his twisted desire to kill.)

However, the first crime in the first Joker story is quite specifically similar to the first murder in POP. All of the following similarities apply:

1) The crime is threatened in advance.

2) The time named in the threat is midnight.

3) The victim is a wealthy man.

4) The victim goes to the police for protection.

5) The police go to the man’s home and provide what seems like overwhelming protection.

6) Nonetheless, the crime is committed at the threatened time.

7) The cause of death is poisoning, but there is no apparent source of poison.

8) In both cases, the poison was introduced to the home long in advance.

9) The poison causes the dead man’s face to contort horribly.

10) After the man is dead, the police open a safe in the room and find that something was stolen.

To be thorough, there are some differences between the two scenes.

1) POP is a whodunit; the Joker identifies himself (though with that alias) before the crime.

2) In POP, the weapon is a poisoned cigar which the killer is confident will be smoked just before midnight; the Joker poisoned the man directly (somehow) long before the threat and the poison (implausibly) acts only very suddenly after a delay with pinpoint precision.

3) In POP, the death is threatened by midnight and occurs two minutes beforehand.

4) The man’s disfigurement in POP is withered and grotesque; the Joker’s poison creates – here, for the absolute first time – a ghastly smile.

5) The motive for the killing is unclear in POP, which is essential to the criminal’s hope of evading suspicion. The Joker robs the man’s safe, and that also had been performed before the threat was made.

To put the whole matter in contrast, take a look at the first Sandman story from Adventure Comics #40, scripted by Gardner Fox in 1939. In this story, the Tarantula threatens to kidnap a wealthy actress, and her home receives heavy police protection, and yet the kidnapping takes place anyway, baffling the investigators. (Besides Wesley Dodds, who comes up with the correct explanation in a few seconds.) This story may also have been advised by knowledge of POP, as it matches similarities 1, 4, 5, and 6 from the above list. Then again, maybe some of those plot elements were tropes that had been floated about in the noir world of the time. It would take a lot more research to work that out. However, ten similarities are a lot more than four, and in my mind there’s no doubt that Finger lifted from Tinsley’s story again, when we already know that the author of the later story had previously done exactly that on another occasion.

In the initial Joker story, the similarities wane, though don’t end, after the first crime. One more detail perhaps also taken from POP, in that the weapons used in the Joker’s second crime included “a strange gas,” which is how the villains attempt the third murder in POP (after the second involves electrocution).

What binds the first Joker story and POP is not the overall structure so much as the motif presented during that first crime – a threat is made in advance, giving the villain an air of invincibility when the police are unable to prevent it despite the advance warning. Continuing throughout Finger’s first Joker story and into the second, this motif is repeated again and again, with the threat occurring in all nine of the Joker attacks in those two stories, and poisons leading to the distorted face occurring in all but the two of them that Batman prevents. These two motifs become almost definitional of the Joker not only in 1940 but to the present day, from the most obscure monthly comics of decades past to the global prominence of The Dark Knight movie and its billion-dollar earnings.

So, I would suggest that the most significant legacy of Bill Finger’s casual approach to lifting details from Theodore Tinsley’s "Partners of Peril" was in the creation of the Joker’s modus operandi, which established comics and movies created over the years right up to the present, and sure to continue onward, and not the previously-revealed theft of the threadbare plot of the six pages of CCS. A bit over a decade ago, comics historians and creators lobbied for Bill Finger to receive credit as at least a co-creator of Batman; however much this may be true for the concept of Batman, some stories themselves and the concept of the Joker owe more than a little to the ideas of Theodore Tinsley. And this closes the case of the stolen story.