One of the first things said by U.S. Park Policeman Paul Shepherd after he was arrested on charges of attempting to kidnap hotel and restaurant magnate J. Willard Marriott was "Did the old man get hurt," an FBI agent told the U.S. District Court in Alexandria yesterday.

The aborted kidnap attempt that 44-year-old Shepherd is accused of planning would not have succeeded in any case, the court was told by the Marriott's son Bill, because the Marriotts were at their summer home in New Hampshire when the Aug. 2 kidnapping was to have taken place and the family had no plans to return until after Labor Day.

FBI agent Frank W. Waikart III, who arrested Shepherd at D.C. Superior Court where Shepherd was a police liaison officer, told the jury Shepherd said after his arrest he had entered into a kidnaping plot "because of threats by Rossi (an FBI undercover agent known as Eddie Rossi to him and his wife . . . He said he wanted his daughter and wife protected because Rossie knew all about his family . . . but he didn't elaborate."

Shepherd and his brother Billy Ray, a 52-year-old Calvert County, Md., school janitor are accused of attempting to extort $500,000 from the Marriotts in the alleged kidnap plot.

According to previous prosecution testimony, Shepherd told the FBI undercover agent he was i the kidnap scheme because he was "tired of being a poor con." He allegedly contacted a convicted felon who was an FBI informer and brought federal agents in on the case.

yesterday Shepherd's attorney, former D.C. Superior Court Judge Charles W. Halleck, tried to show that Shepherd was forced or threatened into the alleged kidnap plot and was therefore illegally entrapped by federal agents.