Ownership of Charles Conlon Collection in John Rogers Case Up in the Air

A photograph of Detroit Tigers outfielder and future Hall of Famer Ty Cobb stealing third with a hard slide past the New York Highlanders’ Jimmy Austin, an iconic asset from the Charles Conlon Collection.

The famed collection of major league baseball images captured by Charles Conlon (1868-1945) is among the disputed assets associated with John Rogers. But unlike other collections Rogers purportedly acquired, no one doubts that he obtained an estimated 8,400 glass plate negatives produced by Conlon.

Rogers touted an appraised value of $18 million for Conlon’s surviving work, although his wheeling and dealing with ownership shares reflect a much lower figure.

Court filings show five creditors with claims totaling more than 100 percent ownership of the collection.

Conlon was known for his player portraits, still shots much easier to produce with early 20th century technology. His iconic work, though, is an action photo taken on Saturday, July 23, 1910.

The image from his tripod-mounted camera: Detroit Tigers outfielder and future Hall of Famer Ty Cobb steals third with a hard slide that sends a cascade of dirt airborne as the New York Highlanders’ Jimmy Austin unsuccessfully tries to field the catcher’s errant throw. An umpire hustles across the infield toward the play with a crowd-filled grandstand in the background.

The moment is frozen from Conlon’s on-field vantage point in foul territory at Hilltop Park, the home field of the Highlanders (1903-12) before the club became known as the Yankees. According to accounts of the game, Cobb stole second and third on successive pitches in the first inning with two outs and scored as the catcher’s throw went into left field. The split second of Americana lives on from the Tigers 6-2 victory more than 100 years ago.

Conlon said he was surprised by the play and nearly missed the shot: “greatest picture I ever took.”

^*Roberts operates the National Pastime Museum, a website for displaying his collection of baseball memorabilia. He is the son of George Roberts, billionaire financier and co-founder of KKR & Co. Mark Roberts also holds a secured claim filed April 25, 2012, on a $1.1 million debt owed by Rogers. Roberts alleges $550,000 remains outstanding. The debt stems from Rogers agreeing to reimburse Roberts for 37 items of questionable authenticity. The baseball memorabilia is part of a $1.8 million transaction in January 2009 between Rogers and Roberts.

^**Represents the interests of Legendary Auctions staffers Doug Allen, Mark Theotikos and Bill Fulton. Part of the collateral, consisting of 67 glass plate negatives, is in Illinois. Allen, Legendary’s president and CEO, and Theotikos, Legendary’s vice president and chief operating officer, pleaded guilty to crimes committed between 2001 and 2009 while working for another Chicago-area memorabilia dealer, Mastro Auctions. Allen was indicted on 14 counts of mail and wire fraud in July 2012. He pleaded guilty to one count of wire fraud. Theotikos was indicted on six counts of mail and wire fraud in July 2012. He pleaded guilty on Aug. 5 to one count of mail fraud. Allen and Theotikos admitted taking part in the shill bidding scheme that inflated sales prices on sports memorabilia and other collectible items auctioned through Mastro. Allen is identified as tipping off Rogers about an impending FBI raid on his business and home, which occurred on Jan. 28, 2014.

^#Huizena and Allen are associated with Legendary Auctions. Part of the collateral, consisting of 125 glass negative plates, is held in Illinois.

^##Demos is a Chicagoland businessman and avid collector of baseball memorabilia.