Evening star., 1951-06-28
Fairfax Pushes
kidnap-Assau|t
County Grand Jury
To Be Asked to Give
Findings on July

Findings on July
/ A Fairfax County grand jury
viii be asked on July 9, to return
indictments for rape against two
men who are being held in the
kidnap-assault Of Mrs. Nancy Ann
Hotchkiss of Arlington, Va.
The following day, Arlington
Commonwealth's Attorney Dem
man T. Rucker will ask a special
grand jury in that county to in
dict the pair for abduction with
intent to ravish and for night
time burglary.
John Robert Polk, 10, of the 800
block Of North Wakefield street,
Arlington, and William Robert
Payne. rs, of the 200 block of
Wooten avenue, Bethesda, Md,
both face possible death penalties
in both Arlington and Fairfax.
Both Held Without Bond.
Polk and Payne are being held
in Arlington jail without bond.
accused Of abducting the 20-year-
old bride from her bedroom in a
Colonial Village apartment early
Tuesday while rifle was pointed
at her husband, Ensign James K.
Hotchkiss.
Mrs. Hotchkiss. clad only in a
negligee, was driven to Great Falls
in Fairfax County, and assaulted
five times before she was returned
to Arlington. Polk was captured
by Arlington police at his home.
Payne was picked up by Fairfax
County policeman as he attempted
to hitch-hike his way back to-
ward Arlington.
Edward o. Poole, assistant COM
monwealth'S attorney of Airing.
ton. said that. if the men are in
dicted in Fairfax, they will be
tried there first. If they are found
guilty there and sentenced to
death or life Imprisonment, the
attorney added. they will not be
brought to trial in Arlington.
Martinsville Case Recalled.
Although the men face the
death penalty in both counties. it
was brought out during the case
Of the .Martinsville Seven" last
year that no white man has ever
gone to the electric chair in Vir-
ginia on a rape charge. unless it
also involved murder.
The charge that death penal
ties in Virginia were reserved for
Negroes in rape cases was made
by attorneys for the seven Mar
tinsville Negroes, who eventually
were electrocuted for assaulting a
white woman.
Attorney General ]. Lindsay Al
mond replied, at that time, that q
white man had been sentenced to
death for q non-fatal criminal as
Isault in 1889, but prison records
showed the sentence was COM
muted and the convict later was
Iparoled.
/ Mrs. Hotchkiss told police that
Polk told her. during the course Of
the abduction, that he had spent
part Of the previous night under
her bed. But Polk later told po-
lice he had never been in the
apartment.
NEARLY Suffocated."
She also said that, when Polk
ATTEMPTED to choke her, shortly
after this revelation, she nearly
suffocated.
Yesterday, both Polk and Payne
refused to talk further to police.
Polk asked for a lawyer. and
County Court Judge Hugh Reid
said the request will be granted
with court-appointed counsel,
if necessary.
Polk has criminal record dat
ing back to 1949. when he was
sentenced to months in Jail
for attempted HOUSEKEEPING. Last
year, he was sentenced to 6 months
on the State road gang for pos
sessing stolen property. A petty
larceny conviction in Arlington
County Court last January brought
q sentence Of 30 days.
Polk worked as an auto
mechanics helper in an Arling-
ton garage.
Payne Called Good Worker.
/ Payne had taken a new job only
last week with a Washington re-
frigeration firm. For a year before
that, however, he was employed at
a filling station at Wisconsin ave-
nue. and East-West highway in
Bethesda.
The proprietor, William Fair,
said yesterday Payne was good
employe. Mr.. Fahr said Polk
visited Payne occasionally, and
the station owner had come to the
conclusion that Polk is a bad
Iegg."
Mr.. Fahr said Payne's parents
are separated and Payne him.
self is separated from his wife.
whose whereabouts he does not
know The proprietor also re-
called that Payne is Navy
veteran Of Pacific service in World
War II, with some decorations.
Payne attended. Arlington
schools, MIR. Fahr said, and was
employed for a time by a sewing
machine store on Wilson boule-
ward, Arlington.