Evening star. [volume] (Washington, D.C.) 1854-1972, 1951-11-21
Polk Bride Kidnapinq
Case Due for Jurors
In Arlington Today

today was to determine the guilt
or innocence of John Robert Polk.
20. charged with kidnapping a
young Navy bride from her Co.
lonial Village apartment last
June rs.
The jury of 10 men and one
woman was to get the case after
arguments by attorneys on in
structions before Judge Walter T
Mccarthy. Polk now is being
tried on a grand jury's charge of
kidnapping with intent to extort
lmoney-a capital offense. He also
has been indicted for burglary
and for abducting with intent tc
Idefile.
Polk and a companion, William
Robert Payne. pleaded guilty in
Fairfax County Circuit Court last
month to the capital offense OF
rape. Polk was given a 35-yeal
sentence and Payne received II
years.
Body Defilement Question.
Before Folks trial was recessed
for the day yesterday, Judge Nc
earthly told the jury to be ready
to decide whether the law covering
kidnapping for extortion is broad
enough to include body defilement
Judge Mccarthy said the statute
covers pecuniary advantages but
there is some doubt as to whether
bodily defllement could be con-
Istrued as a pecuniary matter.
I do not intend to be facetious. "
Judge Mccarthy observed. but ]
wonder II pecuniary benefits might
not be construed to mean a wom-
ans body. After all. these things
are bought and sold"
Folks trial was interrupted YES
terday to allow Payne to enter a
guilty plea to the charge of alb
auction with intent to defile which
carries a maximum sentence of
eight years. In doing so, Mr..
Rucker Withdrew two more serious
charges against Payne. kidnapping
and burglary. each of which is
capital offense.
Commemorative ATTORNEY
Rucker developed testimony that
the rifle used by Polk in the al
legged abduction could not have
been fired at the time.
Shell damned in Rifle.
He said an empty shell was
damned in the breech with a live
Shell behind it in the chamber.
Polk testified he had last shot
the .22-caliber rifle about a month
before the rape occurred.
Polk testified that he had dis
cussed q possible $1,000 ransom
with his victim during their drive
through Arlington and Fairfax
Counties.
Mr., Rucker attempted to prove
that Polk and Payne had been
drinking at Arlington and District
taVerns and had run short of
money. That they then visited
the Colonial Village apartment for
the purpose of getting money.
Mr.. Rucker introduced as evil
oence paper signed by Polk in
which he told of visiting a WASH
lneton bar and of running out
OF money. The confession also
referred to the ransom converse
ton.
Her Husband Testifies.
Earlier, the victims husband
a Navy ensign who was wearing
civilian clothes. took the stand to
tell of the kidnapping.
He said he was awakened about
l am. to find a flashlight being
held in his face. He was told he
said. not to make an outcry or
he would be shot. He said his
wife then was awakened and sat
up in bed.
The husband said his wife was
told to come with the abductor.
who said he would shoot at the
count Of three. He said she
slipped into a robe and opened a
screen to the window next to the
one through which the gun and
flashlight were being pointed and
climbed out.
/ He told how he could not get
the Colonial Village telephone
operator to answer, and how he
ran around the building to a
house where a party was in prog
ress. Some one there, he said
called the police. and he returned
to his apartment.
Mr.. Hall called only three wit
nesses to the stand-Polk, hi.
father. John Thomas Polk, and
Anthony ]. Shannon, for whom
young Polk had once worked.