Fair Play Mysteries and the Land of the Rising Sun

 And on the Eighth Day by Ellery Queen,
 Japanese Edition

     Last spring I received a completely unexpected email asking for permission to publish The Book Case in a new anthology.  The volume is to be titled The Misadventures of Ellery Queen, and will include a number of Ellery Queen pastiches including, in addition to The Book Case, Mike Nevin’s classic Queen pastiche Open Letter to Survivors.

    There is sort of a surprise ending to all of this, but like most surprise endings if you think about it that revelation should have been anticipated:  The anthology will be published in Japan.  The stories will all be translated into Japanese.

    When last I posted on SleuthSayers it was back in September, and  I began by mentioning my lunch with Mike Nevins, emeritus professor of Law at St. Louis University Law School and noted mystery writer, critic and author of the fore-mentioned Open Letter to Survivors.  As mentioned then, Mike and I spent a good deal of time reminiscing about the writings of John D. MacDonald.  As our conversation turned to the growing lack of availability of MacDonald mysteries, even the Travis McGee series, Mike observed that with the exception of Agatha Christie and Arthur Conan Doyle publication of a mystery writer’s work usually begins to disappear shortly after the author’s own demise.  I mentioned the complete lack of newly-published Ellery Queen mysteries in the United States and Mike shook his head dolefully and cautioned me not to expect any turn-around.

    Not in the United States, that is.

    But surprisingly the taste among readers for newly-published Golden Age mysteries varies drastically around the world.  My Belgian friend and sometimes collaborator Kurt Sercu, in his website Ellery Queen, a Website on Deduction, has noted that there have been new editions of Ellery Queen mysteries published in Russia, Spain and Italy during the last decade.  But the best exemplar of this is Japan, where the Golden Age fair play whodunit is alive and well, and where Ellery thrives. 

   

Iiki Yusan

    All of this was brought home to me yet again last week when Kurt asked me to edit an interview he conducted recently by email exchange with Iiki Yusan, who is the leader of the Ellery Queen Fan Club in Japan.  Kurt’s interview should be on-line in about a week, and can be accessed here when it goes on-line.  But I couldn’t resist offering up a bit of a prequel.

    First, by way of amazing statistics, Iiki estimated during the course of the interview that the percentage of books in print for Golden Age mystery writers in Japan looks something like this:


Agatha Christie: 90-100%
Ellery Queen: 80-90%
John Dickson Carr: 60-70%
Rex Stout: 10-20%

    While I do not know the relevant percentages in the United States, I do know that there are virtually no Ellery Queen works currently in print, and if you gave me $5.00 and required me to bet with it my wager would be that there are substantially more Rex Stout volumes available in the United States than there are Queen mysteries.   So what augurs a different result in Japan?  Why is Agatha Christie still popular in the United States while Ellery Queen has virtually disappeared?  Apparently there is something about fair play detective stories, and particularly those of Queen, that continues to resonate in Japan in a way that these stories no longer call out to the reading public in the United States.

Frederic Dannay and Ed Hoch 

    All of this goes beyond mere re-publication of the Ellery Queen mysteries.  For example, I was astounded to learn during the course of editing Kurt’s interview with Iiki that in Japan in 1980 there was a television series, modeled after Alfred Hitchcock Presents, that was hosted by none other than Frederic Dannay, just two years before his death in 1982. Queen works have continued to be the subject of movies, television shows and theatrical productions in Japan up to the present.  And Japan also has produced book-length treatises analyzing the works of Queen.  Iiki himself has authored Ellery Queen Perfect Guide (2004) and Reviews of Ellery Queen (2010).  In World Wars and Ellery Queen (1992) Kiyosi Kasai, traces the development of Golden Age murder mysteries in the context of the two world wars and concludes that the rise of the genre, in which well-developed characters were murdered, was a reaction to the countless faceless deaths of war.   And in The Logic of the Detective Story (2007) Kentaro Komori spends a full volume analyzing the deductive logic of detective fiction (especially Ellery Queen) by comparing the analytic approaches utilized in the novels with the philosophical reasoning of the likes of Bertrand Russel and Kurt Godel.  I doubt that such rigorous analyses of the works of Queen were ever undertaken in the United States, even when the works were in their heyday.

    Modern detective stories written by Japanese writers also continue to reflect the works of Queen.  In his on-line article Ellery Queen is Alive and Well and Living in Japan author Ho-Ling Wong reports that the new wave of fair play whodunits in Japan is referred to as the "new orthodox" detective story -- a story that hearkens back to Golden Age mysteries but does so by incorporating the fair play formula into modern settings.  And, as Ho-Ling Wong references, Ellery Queen's presence continues in these works.

 Other popular writers of the New Orthodox School are Norizuki Rintarō and Alice Arisugawa.  Both writers are strongly influenced by Ellery Queen. Both of them have named their protagonists after themselves, like their great example. Both writers often insert a Challenge to the Reader in their stories.  As one can derive from his first name, Arisugawa often delves into imagery of Alice in Wonderland, just like Ellery Queen, while Norizuki Rintarō’s characters mimic Ellery Queen almost exactly.  In fact, his protagonist is a writer, also called Norizuki Rintarō, who helps his father, a police inspector, mirroring the Ellery Queen – Inspector Queen dynamic.

   

    What is behind all of this continued interest in fair play detective stories in Japan?  Who can say?  But for whatever reason Golden Age mysteries have struck a chord there.  Mysteries founded on the deductive reasoning process continue to be one of the most popular forms of writing in Japan.  The following quote, still a bit stilted in translation, shows up often on the internet as an explanation for the popularity of the genre in Japan.  Predictably, it is offered up in an imagined conversation with Ellery Queen set forth in The Murders at the Ten-cornered Residence (1991) written by the popular Japanese writer Ayatsuji Yukito.

Ellery, the slim handsome young man says: 

To me, detective fiction is a kind of intellectual game. A logical game that gives readers sensations about detectives or authors. These are not to be ranked high or low. So I don't want the once popular “social sect” realism. Female employee murdered in a deluxe suite room; criminal police's tireless investigation eventually brings in the murdering boss-cum-boyfriend--All cliché. Political scandals of corruption and ineptness; tragedies of distortion of modern society; these are also out of date. The most appropriate materials for detective fiction, whether accused untimely or not, are famous detectives, grand mansions, suspicious residents, bloody murders, puzzling situation, earth-shattering schemes . . . .   Made up things are even better. The point is to enjoy the pleasure in the world of reasoning. But intellectual prerequisites must be completely met.    

    All of this makes me wish that I could read Japanese!  Be sure to check Kurt’s website in the next week or so for the full interview with Iiki. 

(Clip art courtesy of Kurt Sercu and Ellery Queen:  a Website on Deduction except as noted.)

Re-writes?

Francis Nevins, courtesy of St. Louis University

      This past Saturday I drove up to Baltimore, Maryland in a pouring rain in order to enjoy a lunch with one of my favorite authors, Professor Francis (“Mike”) Nevins who had travelled to the east coast for a nostalgia convention.   Mike, as all fans know, is the author of six novels, two collections of short stories and several books of non-fiction. He has edited more than 15 mystery anthologies and collections.  Mike was a close friend to Frederic Dannay, one half of the Ellery Queen collaboration.  (Mike refers to Dannay as the “closest thing to a grandfather that I ever had.")  Mike also wrote one of the definitive Ellery Queen pastiches – “Open Letter to Survivors.”

       I know, I know.  At this stage you roll your eyes and think to yourself, “here goes Dale off on another Ellery Queen tangent.”  So, like any other mystery writer, let me attempt to pull the rug out from under your feet.  What caught my interest, among other things, was Mike’s ruminations on another favorite author of mine, John D. MacDonald.

John D. MacDonald

       Mike was one of the editors who oversaw the collection of MacDonald’s early stories that comprise the anthology The Good Old Stuff.  (Actually, as reported in a review by Bill Pronzini there were too many stories for one volume, and the rest were collected in More Good Old Stuff.)   What was particularly interesting about Mike’s recollections of working with MacDonald was the fact that the author was adamant that the stories needed to be updated in order to be re-published.  For example, references to radio shows became references to television shows.  “This is always,” Mike admonished from across our salads as we chatted, “a bad idea.” 

       I suppose that there are legitimate contrasting views on that point, although I side generally with Mike.   Reflections of the world as it existed at the time a story was written can become anachronistic, rendering a story “dated” in the eyes of some readers and therefore contributing to its demise from published literature.  As an example, it has become increasingly difficult to find John D. MacDonald titles in bookstores (and you might as well forget about finding any newly published volumes by Ellery Queen).   But Mike’s observation is certainly correct from a purist perspective – short stories and novels help us to understand the times during which they were written.  We cannot (as the philosopher Heraclitus observed) step into the same river twice, but historical context in the writings of a time get us as close as we can get to that river. 

        All of this is perhaps a minor issue when we are talking about John D. MacDonald’s insistence that a story should be rewritten substituting a television for a radio.  But the significance grows when we begin to slide on down the slippery slope. 

        Last January it was announced that a new edition of Huckleberry Finn, updated by Twain scholar Alan Gribben of Auburn University, would eliminate a now totally unacceptable noun that was used 219 times by Mark Twain to describe Huck’s companion Jim during the course of the narrative.  In the new edition that word would be replaced with “slave.”  I can certainly understand the problem and sympathize with the solution.   I would never use the deleted word, even in quotations, even in an “historical” novel that hearkens back to a time when the word was lamentably acceptable in everyday speech.  But Twain’s use of the descriptive noun nevertheless  shapes the novel because it reflects the time in which Twain wrote it.  Commenting on this, USAToday on January 4, 2011 quoted Jonathan Turley, a legal blogger, who calls the editorial decision an "offense against the original work." 

The editing of a classic raises very troubling questions from the right of an author to have his works remain unchanged to the integrity of literary and historical works. Like all great works, the book must be read with an understanding of the mores and lexicon of its time.

Aside from the fact that MacDonald was editing his own work, the MacDonald example and the Mark Twain example delineate what might well be opposite ends of a spectrum.  MacDonald’s updates seek to remove anachronistic references in the hope of making a story more modern.  The Twain example, however, seeks to supplant the admittedly unacceptable racial views of Twain’s present with the (hopefully) more correct approach of ours.  Is it right to do this, to take a book that was ultimately instrumental in fighting racial prejudice and revise it in a manner that suggests that some of the manifestations of that prejudice did not historically exist?  Is it right to apply present standards in a way that pretends to alter the past?

      Well, there is another recent median point on that same spectrum, an example more socially tinged than MacDonald’s re-write of his stories but less so than Twain’s.   The Washington Post reported last week that the Albemarle Virginia public school system has removed from the required sixth grade reading list at one middle school a Sherlock Holmes novel because a Mormon parent complained about the way it portrayed Mormons.  The book at issue is A Study in Scarlet, which first introduces Holmes and Watson.  And the “offending” paragraph reads as follows:

 [John Ferrier] had always determined, deep down in his resolute heart, that nothing would ever induce him to allow his daughter to wed a Mormon. Such marriage he regarded as no marriage at all, but as a shame and a disgrace. Whatever he might think of the Mormon doctrines, upon that one point he was inflexible. He had to seal his mouth on the subject, however, for to express an unorthodox opinion was a dangerous matter in those days in the Land of the Saints

 I mean, really.  Is this a reason to remove A Study in Scarlet from a reading list?

Colin Cotterill

        And what awaits us at the bottom of the slippery slope if we follow and apply the approach of the Albemarle Virginia public school system?   When I attended the Bouchercon mystery writers’ convention in St. Louis 10 days ago one of the panels I listened to featured Colin Cotterill. Cotterill, for those of you unfamiliar with his works, lives in Thailand and has written a series of mysteries featuring Dr. Sin and the Peoples’ Republic of Laos.  Cotterill explained at Bouchercon that while there is complete freedom of the press in Thailand, such is hardly the case in Laos.  In order to maximize his chance to have one of his books actually published in Laos, where it is set, he and a friend went through the mystery eliminating all pages that might conceivably be deemed objectionable by the Laotian government.  When they were done they were aghast to find that they were left with only 10 pages.  On a lark they sent these off to whatever Laotian governmental office oversees such things.  That office responded with a formal letter concluding that regrettably only 3 of the 10 pages could be published. 

     That, I think, is a good recent example of the bottom of the slippery slope.

A note to readers -- Next week my Tuesday partner in crime Susan Slater, well known author of Southwestern Mysteries, will be signing on to SleuthSayers with a multi-part article.  After Susan takes a few weeks in this spot I will be back, so see you in October!

Sherlock Holmes: Brilliant on Paper

Fate or William S. Baring-Gould hath decreed that the January of every year must be devoted to the pursuit of Sherlockiana. So maybe it’s worth sharing that I made the acquaintance of Mr. Sherlock Holmes sometime in the mid-1970s, when he appeared under the tree one Christmas, dolled up in cheap wrapping paper. He resided in a curious boxed set containing six paperback volumes that probably set Santa back $7.50.

To be honest, I had tried to make sense of Holmes when I was even younger, paging through a heavy hardcover I’d found in my school library. I didn’t enjoy my first rodeo with the gentleman from Baker Street. Back then, I was under the sweet impression that one read books by starting at page one, and proceeding thenceforth until you reached the final page. Page 1 of that musty, water-stained hardcover meant starting with A Study in Scarlet, the first Holmes novel. Critical to the canon, to be sure, but probably not the best jumping-off point for a fourth grader. Bored and overwhelmed, I returned the book to the library and promptly forgot about Holmes.

But years later, I was older and had begun consuming Ellery Queen novels like they were bags of potato chips. It helped that the covers of the Holmes paperbacks were enticingly illustrated by an artist identified only as ANDERSON. The Holmes in these images was a pale, hatchet-faced genius. But if I had started at A Study in Scarlet again, I probably would have given that genius a pass for the second time. I was saved by the mostly unlikely component of a book that a kid would ever care about: the introduction.

Each of these books bore a short intro by a famous mystery writer. Ed McBain, for example, introduces A Study in Scarlet by pointing out how often in this maiden adventure Holmes (that is to say, Doyle) mocks policemen and police work. McBain hilariously describes what would happen if the men of the 87th Precinct took Holmes in for questioning, and charged him with defamation.

Joe Gores, who introduces The Memoirs and who spent a dozen years as a real-life private investigator, lovingly pokes holes in Holmes’s skills as a private consulting detective.

P.G. Wodehouse, who made a career out of skewering the British upper crust, theorizes in his introduction to The Sign of the Four that Holmes must have deep pockets since no one ever seems to pay him very much to solve their little problems. Wodehouse riffs on this for a while before revealing his theory about the source of Holme’s filthy lucre: Holmes was in fact Moriarty all along!

All great stuff, by great writers, but it was all lost on me, because in 1975, I had yet to enter the squad room at the 87th precinct. I knew nothing of Jeeves and Bertie. I sure as heck had not read a single adventure of The Executioner (author Don Pendleton intro’d The Hound of the Baskervilles), nor The Seven-Per-Cent Solution (written by Nicholas Meyer, who introduced The Return…).

No. The only introduction that caught my eye was the one opening The Adventures of Sherlock Holmes. It was a now-famous essay by Frederic Dannay in which he tells how a loving aunt presented him with a library copy of The Adventures to pass the time when he was a bedridden with an ear infection. I had no idea that I was reading the words of one-half of Ellery Queen. I was utterly clueless about the nature of their authorship. The name on the cover of the book said Ellery Queen, and in my ears I heard the voice of the late actor Jim Hutton:

I opened the book with no realization that I stood—rather, I sat—on the brink of my fate. I had no inkling, no premonition, that in another minute my life’s work would be born…

***

I started on the first page of “A Scandal in Bohemia” and truly the game was afoot. The unbearable pain in my ear…vanished! The abyss of melancholy into with a twelve-year-old can sink…forgotten!

The rest, of course, was history. “Ellery” reads the book in a single night, wakes the next morning, drags himself to the library with a throbbing ear, and begs a librarian to let him have more Holmes, even though he does not yet have a library card. He leaves with The Memoirs, A Study in Scarlet, and The Hound, and devours them each in turn. Well, this was promising, I thought, diving into the very first adventure myself.

I enjoyed that fogbound world a good deal, perhaps not as much as the young Dannay. I just didn’t grasp a lot of the finer plot points. Some of the endings struck me as ambiguous, as if the world’s adults had conspired to leave kids in the dark at every turn. Even today I don’t think the Holmes stories make ideal reading for kids. (A future column on this assertion is in the works.)

But still, I treasured that little boxed set and its colorful covers. It never occurred to me until years later that I had not read every single Holmes adventure. For some reason, probably having to do with cost, Ballantine had omitted three further books—The Valley of Fear, His Last Bow, and The Case-Book—from the set. I didn’t discover them until college, and it was a delight to find that the hansom cab had kindly consented to stop for me one more time. This time around, I understood the nuances of Holmes’s world far better. I loved the prickly old coot.

My childhood boxed set was lost during one of my moves, and I had to wait for the Internet and online bookselling to be invented before I could be reunited with another version of them. This set lives face out on the top of my living room bookshelves. All I have to do is glance up to see Holmes sneering down at me. “You will not abandon me again,” he seems to be saying, and I swear that I shan’t, ever.

* * * 

By the way: Years ago I acquired Baring-Gould's Annotated Holmes and, slavishly, the newer annotation by Leslie S. Klinger—though I have to admit that they are more suitable for bench-pressing workouts than long nights reading in front of the fire, all the while cutting off circulation to your femoral arteries.

However, by far the best ebook version of the Holmes canon I’ve found is the one published by Top-Five Books, which includes all the stories and all the illustrations that appeared when the stories were first published. Check it out here.

See you in three weeks!

In these pandemic times, two of the three volumes in my Annotated Sherlock Holmes (Klinger edition) serve as Denise's laptop stand in her Zoom corner (seen through her ring light).

And the Beat Goes On

As most of you know, author Robert B. Parker passed away in 2010. Parker was a prolific writer, turning out some 68 novels in two different genres--three, I suppose, if you count Young Adult (Edenville Owls). But the crime novel was his forte, and three of his four "series" were in the mystery genre. The protagonists of two of those three series--Spenser and Jesse Stone--successfully made the transition to TV, and the first installation of his Virgil Cole/Everett Hitch Western series was adapted into the critically-acclaimed feature film Appaloosa.  (Parker's third mystery series featured female P.I. Sunny Randall and included half a dozen novels, none of which has yet been adapted to either the big or small screen.)

The purpose of this column, though, is not to discuss Parker's work. At least not specifically. What I'd like to talk about today are three recent efforts to extend his work, and to keep alive most of the beloved-by-millions Parker characters.

To this date, three authors have been given permission to continue writing novels based on Parker's characters and settings: Ace Atkins for the Spenser series, Michael Brandman for Jesse Stone, and Robert Knott for Cole/Hitch. It would appear they are all well qualified for such a task. Atkins is a journalist and bestselling mystery/suspense author, Brandman co-wrote and co-produced (with Tom
Selleck) the Jesse Stone TV episodes, and Knott co-wrote and co-produced (with Ed Harris) Appaloosa. Since Parker's death, there have so far been four Parker-inspired novels published by the new authors, the first three of which were Lullaby (Atkins), Killing the Blues (Brandman), and Ironhorse (Knott).

I, for one, was thrilled to learn that these wonderful characters had been granted a new lease on life. The question, of course, is Are the new novels any good? Well, I just finished Ironhorse last night, so I've now read all of those first three--and here are my humble opinions on each.

Lullaby

In this novel Spenser winds up helping a kid, which has worked well in the past--and it works here too. I won't dwell further on the plot; let me just say that Ace Atkins did what I thought was a great job with Parker's writing style. The almost-entirely-dialogue scenes, the spare and simple language, the action sequences, the fast-paced narration--all of this was well done. Spenser's strange relationship with Hawk rang true, his personal code of honor came into play on several occasions, and even though Susan Silverman was featured, she was--thank God--less nauseating than usual. This was a darn good book. I remember reading someplace that Atkins doesn't sound like someone copying Parker; he sounds like Parker.

Killing the Blues

While this one didn't impress me quite as much as Lullaby did, I enjoyed it nonetheless. The only things I found a bit jarring were that (1) it was a little more violent than most of the Stone novels, (2) it involved a lot less "thinking" on Jesse's part (which is one of the things he's really good at), and (3) Jesse didn't seem to carry around quite as much emotional baggage as he usually does. Jesse's faults--his brooding over his now-distant ex-wife, his drinking problem, etc.--aren't something I particularly like, but they do help make him what he is. Even so--as I said--I found the novel interesting and entertaining, and Brandman writes a smooth story. I will happily buy the next one in the series when it comes along.

Ironhorse

I really liked this novel. I'm a sucker for Westerns anyway--I'd probably write more Western stories than mysteries if there were a market for them--and I thought this one was intelligent, authentic, and great fun to read. The terse conversations between Marshal Cole and Deputy Hitch were done extremely well, and the settings were so real I felt I was riding beside them, both on the trail and along the railroad tracks that run throughout this tale. The action scenes were understated but effective, and the keynote of the novel was--as in the others--the rock-solid friendship between the two leads. A good effort, I thought.

Question for you mystery (and Western) fans: are any of you Parker fans as well? Have you read any or all of these "additional" books? If so, did you enjoy them?

NOTE: While researching this column, I learned that the second of Michael Brandman's Jesse Stone novels, Fool Me Twice, is now available--and I understand the second of Ace Atkins's Spenser novels, Wonderland, will be out in May. I look forward to reading both. 

I still remember how sad I felt when I first heard about Parker's death, almost exactly three years ago. Part of that was purely selfish, since I figured his creations had died with him. Nobody's happier than I am that his characters are still around. 

I cannot, however, say that I envy any of the three authors who've agreed to carry on. Bob Parker left some big shoes to fill.

BY THE WAY . . . Here are the answers to my Mystery Trivia quiz, posted two weeks ago:

1. What was the full name of Sherlock Holmes's landlady?

Mrs. Martha Hudson

2. In what magazine did Dashiell Hammett's first Continental Op story appear?

Black Mask

3. What was Evan Hunter's best-known pseudonym?

Ed McBain

4. Who killed Richard Kimble's wife in TV's The Fugitive?

The one-armed man

5. What's the name of Bill Pronzini's famous detective?

The Nameless Detective (Okay, it was a trick question.)

6. Who played the gangster who carved up Jack Nicholson's nose in Chinatown?

Roman Polanski (a cameo by the director)

7. What fictional series character hitchhikes across America carrying only a toothbrush, an ATM card, and the clothes on his back?

Jack Reacher

8. Where did Nick and Nora Charles stay when they were in New York?

The Normandie Hotel

9. What mystery (and former Western) author wrote the novel Hombre and the short story "3:10 to Yuma"?

Elmore Leonard

10. What Poe story is considered to be the first "locked-room mystery"?

The Murders in the Rue Morgue

11. What was taken in John Godey's novel The Taking of Pelham One Two Three?

A New York subway train

12.  Who played a judge in the final episode of Perry Mason, telecast in 1966?

Erle Stanley Gardner

13. In what city was Spenser based?

Boston

14. How do you pronounce Ngaio Marsh's first name?

Ny-O (rhymes with Ohio)

15. In North by Northwest, what is Cary Grant's reply when Eva Marie Saint says, "Roger O. Thornhill. What does the O stand for?"

"Nothing."

16. Who shot J.R., on TV's Dallas?

Kristin Shepard (Sue Ellen Ewing's sister, played by Mary Crosby)

17. What was the basis of many of the titles of Martha Grimes's detective novels?

They were names of English pubs

18. What was Mike Hammer's secretary's name?

Velda

19. What did Bullitt, Vertigo, The Maltese Falcon, and Dirty Harry have in common?

San Francisco

20. Who lived on a houseboat called The Busted Flush?

Travis McGee

21. Edgar Box is the pseudonym of what writer?

Gore Vidal

22. Who always includes a number in the titles of her mystery novels?

Janet Evanovich

23. Who played the murderer in Rear Window?

Raymond Burr

24. In Christie's The Murder of Roger Ackroyd--how did he die?

He was stabbed in the back

25. How did Nero Wolfe finish the following line: The only safe secrets are . . .

. . . those you have yourself forgotten

26. What TV character's name was taken from the British film industry expression "man-appeal" or "M-appeal" (which is what the series producers were looking for)?

Emma Peel

27. What was Robert B. Parker's middle name?

Brown

28. What was Dick Francis's only collection of short stories?

Field of Thirteen

29. Who was the voice of Charlie in TV's Charlie's Angels?

John Forsythe

30. How did Hitchcock manage to do his trademark cameo in the cramped setting of the movie Lifeboat?

He appeared in an ad for a fictional weight-loss drug, shown in a newspaper aboard the lifeboat

31. What's the name of the bog that borders the Baskerville estate?

Grimpen Mire

32. In Richard Diamond, Private Detective, who played Sam (RD's answering service)?

Mary Tyler Moore

33. What mystery writer is actually Dr. Robert William Arthur?

Robin Cook
(This was my mistake. The real name is Dr. Robert William Arthur Cook. Nice way to keep you from guessing the correct answer, right?)

34. In which of the Thin Man movies did James Stewart play a suspect?

After the Thin Man

35. Who had to turn down the role of Indiana Jones because he was tied up filming a P.I. series?

Tom Selleck

36. What's unique about the settings of Nevada Barr's mystery novels?

They're all set in National Parks

37. In The Maltese Falcon, what was Sam Spade's partner's name?

Miles Archer

38. Who were the two cousins who used the pen name Ellery Queen?

Frederick Dannay and Manfred B. Lee

39. What Ben Gazzara/Chuck Connors TV series had the following format: the first half was spent catching the crook and the last half was spent convicting him?

Arrest and Trial

40. What do P.D. James's first two initials stand for?

Phyllis Dorothy

41. Who writes mystery novels starring sports agent Myron Bolitar?

Harlan Coben

42. Who was the producer's first choice to play Lt. Columbo?

Bing Crosby

43. The movie Heavenly Creatures was based on a crime actually committed by what popular mystery writer, when she was in her teens?

Anne Perry

44. What musical instrument did Sherlock Holmes play?

The violin

45. What TV private detective frequented a bar called Mother's?

Peter Gunn

46. What was used to simulate blood in the Psycho shower scene?

Hershey's chocolate syrup

47. What do Robert B. Parker's Jesse Stone series and Steve Hamilton's Alex McKnight series have in common?

The Stone series is set in Paradise, Massachusetts; the McKnight series is set in Paradise, Michigan

48. What did the dying man tell James Stewart in The Man Who Knew Too Much?

That someone would be assassinated 

49. What is romance author Nora Roberts's mystery-writer pseudonym?

J.D. Robb

50. Which Agatha Christie novel featured Alice Ascher, Betty Barnard, and Carmichael Clarke?

The ABC Murders

SleuthSayers Easter Eggs

by Leigh Lundin

This season of Passover and Easter Sunday made me think of ‘easter eggs’, lower case, not bird ovum but hidden goodies Apple famously hid in the Macintoshes (although Atari is credited as the first to conceal little secrets in their machines).

I asked my colleagues what ‘easter eggs’ they deployed in their stories and identify those of their favorite authors, hidden gems for readers to find. Some responded with actual cloaked tidbits while others took a different tack and described disguising real persons and places in a circumspect manner. I touched upon the latter in an article two weeks ago where Alistair MacLean and David Morrell obliquely refer to Sir Edmund Hillary and James Dean respectively.

Academics have argued and disputed whether or not nursery rhymes have hidden meanings. They debate whether ‘Jack be Nimble’ and ‘Four-and-twenty’ Blackbirds may or may not refer to politically sensitively controversies worded with a veil of deniability. But certainly, many classical authors deftly hid meanings to some degree. Chaucer, Voltaire, and Dante for example, touched upon people and events that educated readers were expected to recognize.

Something is rotten in the state of Denmark. (Hamlet, Act I, Scene IV)

Shakespeare was noted for his word play. One of his most famous easter eggs is the eponymous Hamlet, an anagram of the Danish prince Amleth.

Jan Grape points out that mystery conferences sometimes auction off the opportunity to appear as characters in novels. The proceeds typically go to a literary or library charity. Some fans have paid big bucks to be in a very well known author’s book. I believe Frederick Forsyth was one of the first authors to offer to drag a fan into one of his novels. A writer can use a person's name as a character, place or thing. Jan says:

    I’ve auctioned a character name a couple of times, didn’t get much money but I’m not a bestseller either. I asked that person if they wanted to be a good guy or a bad guy. Most want to be a bad guy, then I ask, if you want to be a bad guy… a murderer or a rapist? I don't want to make them horrible unless they agree.

In a recent David Edgerley Gates story, A Crown of Thorns, which takes place at the UNM campus in the late 1960s during the Viet Nam war protests, he gave Tony Hillerman a cameo, slightly disguised, but if you knew his local resume, you’d snap to it. Sea thriller author Clive Cussler often inserts himself as an unnamed character. One of his novels includes a cameo of an unnamed but famous British spy.

Rob reminded me that Elmore Leonard’s Up in Honey’s Room features a Nazi soldier named Otto Penzler, also the name of a famous editor and mystery bookstore owner in New York City.

I’ve set a scene in Lutz, Florida, an acknowledgement of one of my favorite writers, John Lutz.

John Floyd said John Grisham in his first novel, A Time to Kill, used a fictional setting of Clanton, Mississippi… but there is a real Canton with similar features!

Rob Lopresti lives in Bellingham, Washington as does Jo Dereske, who sets her Miss Zukas books in the college town of Bellehaven. The southwest corner of Bellingham is Fairhaven. (Our friend ABA asks if Miss Zukas might be a Polish play on words.)

Eve Fisher switches around names of South Dakota towns in some of her writing, making it obvious to locals where the action takes place.

Melodie Campbell does something similar, writing a comic caper about the Cannot Hotel.

    Anyone who lives in industrial Hamilton (The Hammer, to the locals) will know that I really mean The Connaught Hotel. The White Chapel cemetery becomes the Black Chapel cemetery.

David Edgerley Gates advised me that Dennis Lehane is known for using the names of his friends. So are our colleague, Jan Grape and John Floyd. John sometimes uses the name of a mutual friend, Billy Fenwick. Recently, John named a character in his Woman’s World series of stories Teresa Garver, the name of an East Coast fan.

Like the others, I often name characters based on people I know. I modeled and named a character in ‘Swamped’ after a high school classmate, Max. I hadn’t spoken to Max in years but once I knew that issue of Ellery Queen was in print, I phoned Max.

    Although never one to complain, he’d been having a rough time: His health was failing, his finances were in freefall, his wife had left him, and he’d downsized from a sprawling farm to a tiny apartment.
    I told Max about using him as a rascally character and he was delighted, a shiny bauble in a dark moment of time. I promised to get him a copy if he couldn’t get one at his newsstand, but within days, he died. I can imagine things going wrong when using friends’ names in stories, but in this case, those few words brought a bit of happiness.

Rob Lopresti also uses last names of friends for characters. One of his Alfred Hitchcock stories, 'Shanks Commences', uses the names of our Criminal Brief colleagues. (I've done something similar in a story I’m working on and the names are key to the solution.) The stories are clearly set in New Jersey, although he makes a point of not revealing the state.

Speaking of Jersey, Liz Zelvin slips in an actual 1990s case in this clever bit of dialogue in her latest Bruce Kohler novel, Dead Broke:

“It’s kind of mind-boggling,” Cindy said, “a rabbi having an adulterous affair with his sister-in-law, much less murdering her. What about the Ten Commandments?”
“What about them?” Natali said. “Human nature is what it is. By the time you make detective, your mind will have left boggling far behind. He wouldn’t even be the first. There was a rabbi in New Jersey who hired hit men to kill his wife.”
“Oh, New Jersey,” she said.
“It’s no excuse.”

Fran Rizer tells us a lot of what happens in the Callie books is based on real events. (I love these ‘writer uncovered’ stories.)

    At lunch today with an old friend I haven’t seen in years, the subject of a particular concrete block nightclub out in the country and its highly unusual proprietor was mentioned. We continued to chat, and then the lady sitting at a table across the aisle from us asked me point-blank.

“Did you know the place you're talking about is just like a club called June Bug’s in one of the Callie Parrish books?”
“Do you read Callie Parrish books?” I asked.
“I’ve read them all,” she said. “I’ve heard the lady who writes them lives in this area.”

    I had to confess that I’m Fran and that June Bug and his nightclub were based heavily on the place she named.

Rob relates the following.

   Donald Westlake and Joe Gores wrote the same scene into each of their books. Twice. For example, in 32 Cadillacs a DKA detective traces a car that Dortmunder’s pal Stan Murch stole. In Drowned Hopes, Dortmunder and Murch watch in amazement as the stolen car is repossessed. In Dancing Aztecs, a character stops at Coe’s garage, where she meets a mechanic named Tucker. This is Westlake’s way of explaining what his pseudonym Tucker Coe did after Westlake stopped writing about him.

Author Carolyn Jenkins hadn’t named a radio station set to appear in her recent novel Scout Out Denial. Brainstorming came up with the call letters ‘KRLN’, her name sounded out and, shy as she is, it stuck.

If anyone’s written more about easter eggs than I have, it’s Dale Andrews and I wrap this up with him.

    Ellery Queen was noted for hidden references that tied the series together in strange ways that were basically irrelevant as to individual plots. The references to Easter, for example are both rampant and unexplained anywhere. Remi Schulze, a French "Queen scholar" has devoted entire websites to numerological and other hidden references in the Queen mysteries, including Queen's repeated use of characters named either "Andrews" or a derivative of "Andrews." (I never saw that until it was pointed out to me which, given the circumstances, says something about my eye for detail!) In And on the Eighth Day, Queen's most direct mystery dealing with Easter, there is a character whose name is an anagram for a historical character. (The fact that this is an anagram is never revealed in the course of the novel.)

    From my own (limited!) works, in 'The Book Case' there are clues from which the reader can deduce that the murder in fact took place on Easter Sunday, something never mentioned in the story. This, of course, was done as an homage to Queen's bizarre fixation on that holiday. And in my most recent Queen pastiche, 'Literally Dead,' there is a way to determine (roughly) when the story occurred. When I try to breathe life back into EQ I imagine that he was born in 1905 (consistent with the 1905 birth dates of Dannay and Lee, and also consistent with what we are told in The Finishing Stroke). So that means, sadly, that Ellery is no longer with us. In 'Literally Dead', which otherwise is a contemporaneous mystery with an elderly Ellery, one character is identified as running the local Amoco station. As of 1998, all Amoco stations became BP stations. So we know, if we spend the time thinking about it, that the story is set pre-1998 when Ellery has yet to turn 100! He is 102 at the time 'The Book Case' was published, and that is likely as old as I (at least) will ever let him become!

What literary easter eggs can you tell us about?

Valentine's Day -- Love Among the Clues

    Every once in a while my schedule of alternating Tuesdays coincides with a special day on the calendar.  Such is the case today:  Valentine’s Day.  A day of romance, a day that, while falling in the midst of winter, conjures spring.

    Trying to stay on topic here I decided to offer up my best recommendation for a Valentine’s Day mystery:  a story that will tug at your mind while also tugging at your heart.  Finding a candidate that fits that description is not, however, an easy task.  The Golden Age of detective fiction (my favorite hunting ground) is not exactly riddled with romantic mysteries.  This can be illustrated best by examining some favorite classical mystery authors whose works simply do not fit the bill.

   None of the Sherlock Holmes stories are potential Valentine’s Day nominees.  The closest we get to a romantic involvement for Mr. Holmes is Irene Adler, who actually appears in only one Holmes story, A Scandal in Bohemia..  Irene Adler has no romantic scenes with Holmes in any Arthur Conan Doyle story, and in fact A Scandal in Bohemia ends with her marriage to someone else.  Nonetheless she is frequently linked with Holmes, but in various pastiches, not in the original Arthur Conan Doyle canon.

    The source for these romantic conjectures involving Sherlock and Irene probably stems from a passage in  A Scandal in Bohemia where Watson sets the stage as follows:

To Sherlock Holmes she is always the woman. I have seldom heard him mention her under any other name. In his eyes she eclipses and predominates the whole of her sex. It was not that he felt any emotion akin to love for Irene Adler. All emotions, and that one particularly, were abhorrent to his cold, precise but admirably balanced mind.

    This, plus the fact that Irene Adler is referred to, albeit fleetingly, in four other Holmes stories, A Case of Identity, The Adventure of the Blue Carbuncle, the Five Orange Pips and His Last Bow, inspired other writers, notably Nicholas Meyer and J.S. Baring-Gould, to speculate as to a romantic involvement between the two.  But none of their stories, and certainly none of Arthur Conan Doyle’s, meets our Valentine’s Day requirements of a mystery that is also a romance.

    My favorite Golden Age detective, Ellery Queen, fares no better.  While Ellery engaged in some flirtations over the years, in The Finishing Stroke for example, no actual romantic involvement ever took place during the course of the Queen novels and short stories.  Two recurring female characters appear as quasi-romantic possibilities, but, again, neither suffices for our purposes.

    The first of these is Nikki Porter who for a time was Ellery’s secretary.  Nikki first appeared in the Ellery Queen radio series and movies and was later a character in two Queen novels, There Was an Old Woman and The Scarlet Letters .  Nikki also appears in several short stories, but she and Ellery were never portrayed as a couple.  (Just as Irene Adler inspired other writers to hypothesize romantic involvement with Holmes, so, too, Nikki inspired a similar hypothesis concerning her involvement with Ellery in The Book Case, a conjecture for which I am largely responsible!)

   The only other possible femme fatale in the Queen canon is Paula Paris, a reclusive Hollywood columnist who sparks Ellery’s interest in The Four of Hearts and who also appears in several Queen short stories set in Hollywood.  (Paula also makes a brief appearance in my Queen pastiche The Mad Hatter’s Riddle.)  But, again, whatever spark there might have been between Paula and Ellery ultimately fails to ignite.

David Suchet as Poirot

    What of Agatha Christie?  Well, slim pickings there too.  As far as I can determine there was never any reference to a love interest for Miss Marple, and no love story involving her ever played a part in the Miss Marple novels and short stories.  We get a little closer with Hercule Poirot.  Poirot was apparently smitten at least once --  by Vera Rossakoff , a Russian countess who appears in The Double Clue and then re-appears in The Big Four and The Labours of Hercules.  However, while there is infatuation that is evident on Poirot’s part, at least in the course of Christie’s written word any attraction between the two remains unrequited.  So no Valentine story there.

    With Rex Stout’s Nero Wolfe we fare, if anything, even worse.  While there is the occasional female character who earns the grudging respect of Wolfe, by and large the detective is portrayed by Rex Stout as a misogynist.  Archie Goodwin describes Nero Wolfe’s views on women as follows in The Silent Speaker:

 The basic fact about a woman that seemed to irritate him was that she was a woman; the long record showed not a single exception; but from there on the documentation was cockeyed. If woman as woman grated on him you would suppose that the most womanly details would be the worst for him, but time and again I have known him to have a chair placed for a female so that his desk would not obstruct his view of her legs, and the answer can’t be that his interest is professional and he reads character from legs, because the older and dumpier she is the less he cares where she sits. It is a very complex question and some day I’m going to take a whole chapter for it.

    Well, interesting, all in all.  But not the stuff of which Valentines are made.

    As an aside, I should at least mention here the famous "e-o/o-e" theory propounded by John D. Clark, Nicholas Meyer, Frederic Dannay and Manfred B. Lee, writing as Ellery Queen, and W.S. Baring-Gould that the combination and order of the vowels in "Sherlock Holmes" and "Nero Wolfe" are a clue that Nero Wolfe is in fact the son of Sherlock Holmes and Irene Adler.  But, again, while there are Valentine possibilities here, the theory is derivative and appears only in homages and analytic works.

     We get much closer to the mark, however, with The Thin Man by Dashiell Hammett.  While it is sort of hard to believe, given all of the movie and television sequels that this book spawned, Hammett only wrote one book starring Nick and Nora Charles.  In fact, it was the last book he ever wrote.  And, even more strange is the fact that the Nick and Nora did not even appear in the original version of the 1934 novel, which was first published in a shorter version in installments in Redbook.  In any event, the romantic and flirtatious interchanges between Nick and Nora push this novel much closer to a Valentine’s Day nominee.  Indeed it was Hammett’s novel that set the stage for later spins on the “romantic couple” as detectives, notably television’s MacMillan and Wife, starring Rock Hudson and Susan St. James, and even Richard Stevenson's characters Donald Strachey and his partner Timothy Callahan, who have been referred to as the gay Nick and Nora.

    Having said all of this, however, The Thin Man is no better than a near miss, as far as I am concerned, for today’s purpose.  While the detectives are a couple, the mystery itself doesn’t tie back to or otherwise derive from their romantic involvement.

    Well, as you have probably guessed, I do have a personal favorite to nominate for best Valentine's Day mystery story.   It is Random Harvest by James Hilton. 

    I know, I know, Random Harvest isn’t a classic Golden Age “whodunit” mystery.  But it is a classic.  And it is also, most certainly, a mystery.  Written in 1941, Random Harvest tells the story of Charles Rainier, a wealthy businessman and politician, who battles his way out of amnesia to search for his long-lost love.  The story is a wonderful and nostalgic depiction of life in England from the First World War to the brink of the second, but it is also one of the finest classic mysteries I can remember reading.

    There is a tendency to say too much when discussing Random Harvest, and this I refuse to do.  As I have said before, “no spoilers here.”  I will offer up a snippet from the New York Times review published back in 1941:  “a strange tale . . . harrowing and romantic and tender.”   The Chicago Tribune, in the same year, called the book “Mr. Hilton’s best novel to date.”  That is saying something since Random Harvest was preceded by Lost Horizon  and Goodbye Mr. Chips.  Random Harvest is, in any event, my Valentine’s Day nominee since, to my mind, it is one of the best blends of mystery and romance ever written.

    So if there are any readers out there who have somehow gotten to 2012 without reading Random Harvest, or watching the 1942 film version starring Ronald Coleman  and Greer Garson, this book is for you.  My advice, however, is that you should look no further for information concerning the book: don't watch the movie, don't search out reviews, don't read about it on Wikipedia.  Just get the book and then read it as James Hilton intended, from start to finish without the “help” of others.

    Happily, unlike many volumes from the 1940s Random Harvest is still readily available from Amazon and Barnes and Noble.  There is even a Nook edition for $3.99.  (Sorry, apparently it has yet to be “Kindled”!)

    Enjoy. 

    And Happy Valentine’s Day.

    

Dying Message

Earlier this month, fellow SleuthSayer Joseph D'Agnese blogged about USA's founding father and Declaration of Independence signer George Wythe's famous last words, "I am murdered!" before he died from having been poisoned.

In my humble opinion, as far as last words go, Wythe won.

So, over mugs of coffee a few mornings ago, when my crime writer friend, Josh Pachter, first mentioned the use of "Dying Message" as a literary device, I wanted to know more.

Take it away, Josh...

KK: Can you explain the "dying message" trope for us?

Well, sure! But let me start by explaining why Kristin is asking me this question.

In mid-July, she drove down to my new home outside Richmond, Virginia, to pick up a piece of furniture my wife Laurie and I no longer needed for her daughter's first college apartment. I made a pot of coffee and, while Laurie teleworked, Kristin and I sat out on our new deck and talked. I don't remember exactly how it came up, but I asked Kristin if she was familiar with the old "dying message" trope, she said she wasn't, I explained it...and her eyes lit up. "Can I interview you about this for SleuthSayers?" she asked.

So here we are.

I suspect that many of the Sayers of the Sleuth are already familiar with the dying message, and some are probably far better versed in its history than I am, but, for what it's worth, here's what I have to say on the subject.

Ellery Queen may not have invented the concept of the "dying message" clue, but Fred Dannay and Manny Lee--the cousins who wrote as EQ--were certainly its most active proponents, and many of their novels and short stories rang changes on the concept.

Here's a basic description of how it works:

Person A murders Person B and leaves the scene. But--sacre bleu!--Person B is not dead yet, after all, and regains consciousness long enough to want to tell the police who killed him. Unfortunately, there's no working phone at hand, so Person B can't simply call the police and tell them who did the dirty deed.  There is, however, a piece of paper and a pen, so Person B leaves a cryptic note, identifying his killer.

"But," you say, "why a cryptic note? Why doesn't Person B simply write Person A's name?

Ah, well, because, despite the fact that he's dying, Person B has the presence of mind to realize that person A might return to the scene of the crime--and, if she does, she'll see the piece of paper with her name on it and destroy it.

And that's the "dying message" trope, resulting in a story the heart of which is the protagonist's mental struggle to figure out the meaning of the cryptic clue.

Far fetched? Certainly.

Realistic? Perhaps not.

But I'm reminded of something my buddy Les Roberts--the author of 20+ novels featuring Cleveland PI Milan Jacovich--once did.  In one of Les' books, Milan trails a suspect to a Monday-evening performance of the Cleveland Symphony. When the book came out, Les received hundreds of letters from irate Clevelanders, pointing out that the Cleveland Symphony  doesn't play on Mondays. Les printed up a form letter he sent back to every complainer: "The Cleveland Symphony might not play on Mondays, but my Cleveland Symphony plays whenever I damn well tell them to."

His point? This is fiction, folks, and in fiction an author can do whatever the hell he wants to do. He is the puppet master, and the puppet master gets to pull the strings.

So Ellery Queen wrote lots of dying-message stories, and the question of whether or not such a thing would ever happen in real life is frankly irrelevant.

To keep the device from going stale, the cousins eventually began to come up with variations on the theme, such as oral dying messages (in which only part of the victim's dying words are heard, or the victim's last words are misunderstood, or the victim mispronounces a key word or words) and the "accidental dying message."

I'll give you an example.

In "GI Story," which first appeared in EQMM in 1954, Clint Fosdick is murdered, and it's clear that he was killed by one of his three stepsons: Linc Smith, Woody Smith, or Wash Smith. Before Clint expires, he scrawls the letters "GI" on a piece of paper, but all three of the Smith Brothers--:::cough:::--are former soldiers, so the message could apply equally well to any of them.

Ellery, however, finally realizes that Clint had no intention of leaving a cryptic message. In fact, "Fancy verbal acrobatics are the pleasant preoccupation of detective fiction," Ellery says, poking fun at his own trademark trope. "In real life, they don't happen...Clint Fosdick, in writing those two letters...was trying to do just one thing: name his killer."

The three brothers, Ellery realizes, were named after American presidents--Abraham Lincoln Smith, Woodrow Wilson Smith, and George Washington Smith--and the dying man was beginning to write the word, "GEORGE" when death took him immediately after he completed the down stroke of the second letter of his murderer's name. Et voila! 


KK: Have you used the "dying message" trope yourself, Josh?

Why, yes, Kristin, as a matter of fact I have!

My second published story--"E.Q. Griffen's Second Case," which originally appeared in EQMM in 1970 and will be reprinted in The Further Misadventures of Ellery Queen, which I co-edited with former SleuthSayer Dale Andrews and which will be published by Wildside Press later this year--is a dying-message story, in which a guy is murdered outdoors and pulls loose a chunk of the tarry stuff that sort of grouts sidewalk panels together and writes a clue to the identity of his killer on the sidewalk.

After Dale and I co-edited our original Misadventures of Ellery Queen (Wildside, 2018), I started writing a series of pastiches of EQ's "Puzzle Club" stories, and the first three of them are all dying-message stories: "A Study in Scarlett!" (EQMM, May/June 2019), "The Adventure of the Red Circles" (EQMM, Jan/Feb 2020), and "The Adventure of the Black-and-Blue Carbuncle" (EQMM, forthcoming).

I also had two dying-message stories appear in print in 2018: "If It's Tuesday, This Must Be Murder" (Mystery Most Geographical, Wildside) was a finalist for the Derringer Award, and "50" (EQMM, Nov/Dec 2018), in which my E.Q. Griffen character returns, finished second in the magazine's Reader Award balloting. You can download and read both of those stories for free at this link.

Dale, by the way, has published  four Ellery Queen pastiches in EQMM, and all four of them are dying-message stories. His latest, "Four Words," will appear in the Sep/Oct 2020 issue, on sale August 13.

And for those who'd like to read more about the "dying message" trope, there's an excellent discussion at the Ah Sweet Mystery blog, and another (filled with spoiler-protected examples) at Fandom website.

KK: Thank you for letting me put you in the hot seat, Josh.  Oh, and by the way, check out this little gem I found while preparing my post...a signed copy of our co-contributed Malice anthology.  C'est magnifique!


Josh Pachter is an author, editor, and translator. More than a hundred of his short stories have appeared in EQMM, AHMM, Black Cat Mystery Magazine, Mystery Weekly, and many other periodicals and anthologies. He has edited and co-edited a dozen anthologies, including The Beat of Black Wings: Crime Fiction Inspired by the Songs of Joni Mitchell (Untreed Reads, 2020), The Misadventures of Nero Wolfe (Mysterious Press, 2020) and The Great Filling Station Holdup: Crime Fiction Inspired by the Songs of Jimmy Buffett (forthcoming from Down and Out Books in 2021).  His translations of stories by Dutch and Flemish authors appear regularly in EQMM. Earlier this year, he received the Short Mystery Fiction Society's Edward D. Hoch Memorial Golden Derringer Award for Lifetime Achievement and became the first person to win both the Golden Derringer and a competitive Derringer in the same year.

PS ~ Let's be social:

• Twitter - @KKMHOO
• Facebook - Kristin Kisska
• Instagram - @KristinKisskaAuthor
• Website - KristinKisska.com

Copyright? Elementary, My Dear Watson.

Arthur Conan Doyle published his first Sherlock Holmes story in 1887 and his last in 1927. There were 56 stories in all, plus 4 novels. The final stories were published between 1923 and 1927. As a result of statutory extensions of copyright protection culminating in the 1988 Copyright Term Extension Act, the American copyrights on those final stories . . . will not expire until 95 years after the date of original publication -- between 2018 and 2022 . . . . The copyright on the 46 stories and the 4 novels, all being works published before 1923, [has] expired.

                                                 Klinger v. Conan Doyle Estate, Ltd.
                                                 755 F. 3d 496, 497 (7th Cir. 2014)
                                                 per Judge Richard Posner

Is there anything left to say about Sherlock Holmes? The fame of Arthur Conan Doyle’s iconic detective has now stretched across three centuries, with no expiration date in sight. . . . Recent books and graphic novels find the detective trading bon mots with Henry James, escaping the island of Doctor Moreau and squaring off against a zombie horde. One can also pick up Sherlock-themed tarot decks, rubber duckies, crew socks and — for undercover work — a “sexy detective” outfit featuring a deerstalker and pipe. And, needless to say, the digital landscape is ablaze with blogs, fanfic, Twitter feeds, podcasts and innumerable tributes to the cheekbones of Benedict Cumberbatch. What’s left? As Professor Moriarty once remarked, “All that I have to say has already crossed your mind.” 

                                                Daniel Stashower
                                                The Washington Post, July 12, 2015
                                                Reviewing The Amazing Rise and Immortal Lives of Sherlock Holmes                                                  by Zach Dundas

Sir Ian McKellen in Mr. Holmes

       This week’s summer movie roll-outs included Mr. Holmes, which features Sir Ian McKellen’s highly anticipated take on Sherlock Holmes at 93 —  battling age and dementia as he tries to unravel one last case. The movie, based on the 2005 Holmes pastiche A Slight Trick of the Mind by Mitch Cullin, actually offers the viewer two takes on Holmes, since the cinema version of the story features a “movie within a movie” in which Nicholas Rowe, who earlier portrayed the detective in Young Sherlock Holmes, once again assumes the role in Watson’s version of the mystery that confounds the elderly Holmes.  (Holmes views the movie version, based on Watson's account, in an attempt to jump start his failing memories of the case.)  The fact that the movie offers a new take on Holmes —  indeed, two new takes, and that the same week yet another Holmes retrospective hit the bookstores —   Zach Dumas' The Amazing Rise and Immortal Lives of Sherlock Holmes — is hardly surprising. For 130 years Sherlock Holmes has been, well, ubiquitous.

       Ellery Queen had this to say in his (err, “their”) introduction to The Misadventures of Sherlock Holmes:   "more has been written about Sherlock Holmes than about any other character in fiction. It is further true that more has been written about Holmes by others than by Doyle himself."  We will return to that Ellery Queen anthology, but for now the important point is that no other detective  —  not Miss Marple, nor Hercule Poirot, nor Ellery himself  —  has so tempted other authors to lift their pens in imitation and tribute.  And all of this begs a legal question:  How, pray tell, have these new takes on Sherlock Holmes been reconciled with the copyright protection originally secured for the character by Arthur Conan Doyle?

     A Proviso before going forward here: While I am a lawyer, I am NOT a copyright and intellectual properties lawyer. So, a caveat — when I discuss copyright rules it may be a little like asking your family doctor to perform brain surgery.  But with that in mind, the simple rule is that in the United States under the terms of the 1998 Copyright Terms Extension Act the author has copyright protection for 95 years following the publication of the author’s work. So if you are inclined to dabble in pastiches (and I plead guilty on that one), well, you need to do this only with the permission of the original author (or their estate) if the character you are using was created less than 95 years ago.

       How easy is it to run afoul of copyright rules? Well, as promised above, lets return again to our old friend Ellery Queen for the answer to that question. In 1944 Queen published an anthology collecting most of the Holmes pastiches and parodies then in existence, The Misadventures of Sherlock Holmes. Of all Ellery Queen volumes this one is likely the rarest. If you want to secure a copy on Amazon it will probably set you back around $150.00.  Why? Well, the anthology, it turns out, was published without first securing a license from the estate of Arthur Conan Doyle. As a result, it was quickly pulled from publication when the estate threatened to sue, and only a limited number of volumes ever reached book stores.   (As an aside, notwithstanding all of the above, a rough version of The Misadventures of Sherlock Holmes is, as of this writing, rather mysteriously available for downloading on the internet!  Just click here.)

       But, in any event, Ellery's stumble over the copyright rules was way back in 1944, right? Back then the first Sherlock Holmes stories were not even 60 years old. What about today? In 2015 almost 130 years separates us from the first Holmes adventure, A Study in Scarlet. So Sherlock should have squared his tweed-draped shoulders and marched into the public domain almost 35 years ago, right?  Well, not so fast. The Doyle estate has historically taken a different (and predictable) approach when it comes to counting those intervening years.

       As the quote at the top of the article points out, the “last bows” of the Sherlock Holmes stories were the ten final mysteries written by Arthur Conan Doyle between 1923 and 1927.  And, counting it up, the 95 year copyright on those stories has yet to expire — and won’t begin to for another three years. The Doyle estate has argued that a “fully rounded” (their words) Holmes and Watson arose only upon completion of the entire Doyle canon.   Thus, the estate argues, copyright protection continues until 2022, i.e., 95 years after the last story was published in 1927.  Pause and think about this:  The Copyright laws speak of a protection period running for 95 years from the first appearance of a character, but the Doyle estate argues that this in fact means 95 years from the last appearance of the character.  The argument sounds more like George Orwell than it does Sherlock Holmes!

       The Doyle estate implemented their concededly expansive view of copyright protection in a rather clever manner. The estate decided to charge $5,000 in licensing fees for every use of Holmes and Watson, reasoning that the amount, while substantial, was far less than the cost of subjecting the “fully rounded” theory to a test in litigation. So their assumption was that those wishing to write about Homes and Watson might grumble, but they would pay.  All went well with this approach until Leslie Klinger came along.

       Klinger co-edited an anthology of Sherlock Holmes pastiches and parodies in 2011 titled A Study in Sherlock: Stories Inspired by the Sherlock Holmes Canon. Klinger dutifully paid the $5,000 demanded by the Doyle estate before publishing that collection. But when he and his co-editors decided to proceed with a sequel, In the Company of Sherlock Holmes, they also decided that enough was enough and refused to pay for a license. The Doyle estate escalated the dispute, threatening to sue if publication occurred without a license. Klinger responded by suing the estate, claiming that Holmes and Watson were in the public domain and had been since 1982, that is, 95 years after A Study in Scarlet was published. As a result, Klinger argued, no license was required.

       A federal district court, and ultimately the Seventh Circuit United States Court of Appeals, eventually settled the matter. In May of 2014 the Seventh Circuit agreed with the district court’s decision and held that the Doyle estate’s argument was wrong. The court instead agreed, as Klinger had argued, that Sherlock Holmes entered the public domain, and became “fair game” for other writers, 95 years following the publication of the first Holmes story.

       But how does one handle the refinements to Holmes and Watson that occurred in those later stories, that is, the “rounding” of the characters on which the estate had relied? Well, the court answered that question by concluding that only Holmes and Watson as portrayed in the original series of stories by Doyle are currently in the public domain; that is, the characters as portrayed prior to 1923. And any subsequent nuances to the character — those “well rounded” attributes on which the estate’s arguments were based — remain protected by the copyright laws.

       How does this work in practice? Well, as Barack Obama, among others, has observed “a good compromise leaves everyone unhappy.” The estate doesn't get its $5,000, but the author of a pastiche nonetheless writes at his or her peril since the use of attributes only arising in the last 10 Holmes mysteries infringes the continuing copyright on those stories.

       The Seventh Circuit’s opinion only identifies a scant few areas in which Doyle’s characters became "more rounded” in the later Holmes stories that are still copyright protected: First, Holmes (apparently) likes dogs; Second, Watson was married twice. (On that latter point, I think W.S. Baring-Gould set the number of marriages at three, but I won’t argue the point — particularly without a license!)  So the “rounding” of Sherlock Holmes and Watson may be limited, but what does this rule mean for other characters who appeared in a series of works over the years?  Let us take, for example, my old friend Ellery Queen.

       Ellery’s earliest appearance was in The Roman Hat Mystery, which was published in 1929. Thus, all of the Queen canon is still copyright protected. But what happens in 2024, when the first appearance of Ellery reaches its 95th birthday and the canon begins its seriatim march into the public domain? Arguably under the Seventh Circuit’s reasoning Ellery can be used freely by other authors as of that date.  But beware:  Ellery better be wearing pince-nez glasses, and he might be advised to only employ a Duesenberg for transportation.  He should also have retired, with a wife and son, to Italy. All of those early aspects of Ellery disappeared by the middle of the Queen canon as Ellery Queen and the Inspector were "rounded" by Frederic Dannay and Manfred B. Lee.  In fact the first evidence of the Ellery of the latter half of the canon did not appear until about 1936, with the publication of Halfway House. So unlike Sherlock, there are unmistakable differences between early and late Ellery!

       And if all of this were not confusing enough, let’s throw into our copyright primer the fact that parodies of copyrighted materials, unlike pastiches, fall completely outside of the protection of copyright without worrying at all about the passage of time.  This exception to copyright protection is established and was famously re-invigorated in 2001 when the Eleventh Circuit held that The Wind Done Gone, a re-telling of Gone With the Wind from the perspective of the enslaved residents of Tara, did not infringe Margaret Mitchell’s copyright of the original story.

       So let us return again to Queen and see how that rule would work.  Well, apparently the great Jon L. Breen could have freely published his humorous short story mystery “The Lithuanian Eraser Mystery,” (EQMM March, 1969), in which “E. Larry Cune” solves a New York City theatre murder.  That story is a parody, no question.  Tongue is firmly planted in cheek.   But, by contrast, Breen needed a license in order to publish “The Gilbert and Sullivan Clue,” (EQMM Sept. 1999) since Ellery himself solves that theatrical-based mystery. And what about Francis Nevins famous pastiche “Open Letter to Survivors” (EQMM May, 1972), a story that, while clearly featuring Ellery, never in fact names him as the young detective? I asked Mike Nevins, a copyright professor himself, whether he secured a license for that story and his reply was that Frederic Dannay, then the editor-in-chief of EQMM, never brought up the matter one way or the other when the story was accepted by EQMM for publication.

       But back to Sherlock — when you see that new movie, Mr. Holmes, you might reflect on all of this, and what it can take to breathe new life into another author's character.   And think about the "rounding" of Holmes that had nothing to do with Arthur Conan Doyle — particularly Sherlock Holmes as portrayed in the movie and in Mitch Cullin's original pastiche.  As Holmes explains in each, part of his task in telling this story on his own, without Watson as narrator, is setting the record straight, removing the "excesses" of the Watson versions of his stories.  As an example, you will note that Sir Ian McKellen’s Holmes prefers cigars to a pipe. That “rounding” of the famous detective’s character has absolutely no precedent in the Arthur Conan Doyle canon, either before or after 1923. So at least when Sherlock enjoys his cigar we needn't go back to the Holmes canon looking for references that might prove significant for those pesky copyright laws.

       Come to think of it, a similar observation might be made concerning the title of this article.  Arthur Conan Doyle's Sherlock Holmes never once used the phrase "elementary my dear Watson!"