Saw these posts a while back on it.
And a bit more from another site:
And:
http://www.physics.unr.edu/faculty/winterberg/Hilbert-Einstein.pdf
It points out that it is generally accepted that Hilbert beat Einstein in the race to develop the correct forms of the gravitational field equations for general relativity. It also makes a very strong case that Einstein was unable to derive the correct forms until he saw them in Hilbert's manuscript. This addresses your concern above. Winterberg provides the following chronology:
"1. Nov. 4, 1915, Einstein submits the still incorrect equations to the Prussian Academy.
2. Nov. 11, 1915, Einstein again submits the incorrect equations to the Prussian Academy.
3. Nov. 18, 1915, Einstein acknowledges having received in advance a copy of Hilbert's paper to be delivered by Hilbert to the Goettingen Academy, and Einstein writes Hilbert that he had obtained the same equations in the last weeks, even though only one week before, on Nov. 11, 1915, he still had the wrong equations.
4. Nov. 20, 1915, Hilbert presents his equations to the Goettingen Academy, but someone had later cut off critical parts of Hilbert's page proofs.
5. Nov. 25, 1915, Einstein submits the correct equations to the Prussian Academy.
In summary: Einstein's letter of Nov. 18, 1915 to Hilbert proves that Hilbert had the correct equations before Einstein. Einstein's claim that he had the correct equations weeks earlier is contradicted by Einstein's paper to the Prussian Academy of Nov. 11, 1915, not weeks, but just one week earlier. Since Einstein still believed his erroneous equations were correct as late as Nov. 18 1915, it is clear that Hilbert, who had the correct equations before Nov. 18, 1915, had arrived at them before Einstein."
Furthermore, Winterberg discusses the mutilation of a key portion of Hilberg's proofs.
And a bit more from another site:
Bjerknes provides numerous quotes from Einstein's contemporaries indicating they were uncomfortable with Einstein's claims. The following is from the Nexus article on Bjerknes that I noted previously.
http://www.nexusmagazine.com/articles/einstein.html
It is now time to speak directly to the issue of what Einstein was: he was first and foremost a plagiarist. He had few qualms about stealing the work of others and submitting it as his own. That this was deliberate seems obvious.
Take this passage from Ronald W. Clark, Einstein: The Life and Times ...This is how page 101 reads: "'On the Electrodynamics of Moving Bodies'...is in many ways one of the most remarkable scientific papers that had ever been written. Even in form and style it was unusual, lacking the notes and references which give weight to most serious expositions"
.
Why would Einstein, with his training as a patent clerk, not recognise the need to cite references in his article on special relativity? One would think that Einstein, as a neophyte, would overreference rather than underreference.
Wouldn't one also expect somewhat higher standards from an editor when faced with a long manuscript that had obviously not been credited? Apparently there was no attempt at quality control when it was published in Annalen der Physik. Most competent editors would have rejected the paper without even reading it. At the barest minimum, one would expect the editor to research the literature to determine whether Einstein's claim of primacy was correct.
Max Born stated, "The striking point is that it contains not a single reference to previous literature" (Born, 1956). He is clearly indicating that the absence of references is abnormal and that, even by early 20th century standards, this is most peculiar, even unprofessional.
Einstein twisted and turned to avoid plagiarism charges, but these were transparent.
From Bjerknes (2002), we learn the following passage from James MacKaye: "Einstein's explanation is a dimensional disguise for Lorentz's. Thus Einstein's theory is not a denial of, nor an alternative for, that of Lorentz. It is only a duplicate and disguise for it. Einstein continually maintains that the theory of Lorentz is right, only he disagrees with his 'interpretation'. Is it not clear, therefore, that in this [case], as in other cases, Einstein's theory is merely a disguise for Lorentz's, the apparent disagreement about 'interpretation' being a matter of words only?"
Poincaré wrote 30 books and over 500 papers on philosophy, mathematics and physics. Einstein wrote on mathematics, physics and philosophy, but claimed he'd never read Poincaré's contributions to physics.
Yet many of Poincaré's ideas - for example, that the speed of light is a limit and that mass increases with speed - wound up in Einstein's paper, "On the Electrodynamics of Moving Bodies" without being credited.
Einstein's act of stealing almost the entire body of literature by Lorentz and Poincaré to write his document raised the bar for plagiarism. In the information age, this kind of plagiarism could never be perpetrated indefinitely, yet the physics community has still not set the record straight.
And:
The problem is that Einstein didn't provide an intellectual trail or context for his ideas. By leaving out references it's impossible to determine his thought process; where other's ideas end and his start. An uninformed person reading his papers would would have no way of knowing what Einstein contributed. You claim that Einstein generated new ideas which were not just a rehash of prevailing ideas. How do you know the ideas were his? There is literally no way of knowing, especially with his early papers which were clearly co-authored with his wife.
Finally, it's interesting to read Bjerkne's rebuttal to Dr. Stachel, a strong advocate of Einstein.
http://home.comcast.net/~xtxinc/Response.htm