Witness says victim threatened to kill murder trial defendantBy SHARON STAHLA prosecution witness In the first degree murder trial of William Howard Jr. in Howard Circuit Court testified Thursday afternoon that Paul Hart told him he was going to kill the defendant.Kermit Schmid, 30, 517 Somerset Drive, said Hart stated his intentions to kill him about a week and one-half before Hart was shot to death in the ■Kokomo Mail on Nov. 8,1972. Howard, 21, is accused of murdering Hart, his ex-wife’s husband.Prosecutor Ronald Smith, apparently dismayed by Schmid's testimony, asked that Judge Robert Kinsey declare him a hostile witness. Judge Kinsey denied the request.Schmid refused to testify Wednesday, but agreed to do so Thursday after he was given full immunity by the court from any criminal proceeding arising out of his testimony. He was questioned for an hour and 45 minutes by Smith and Charles Scruggs, defense attorney, Thursday afternoon.Schmid said he related Hart's threat to Howard and it was at that point that the two men decided to purchase a gun for Howard. Schmid said Howard provided the money for a .25 caliber pistol, which Schmid said he purchased and registered in his name.Schmid also testified that Howardphoned him following the shooting and said he had shot Paul Hart but didn’t know if he had killed him. He said Howard told him Hart had struck him in the back just before the shooting.The witness said he picked Howard up, they drove around and talked, and he look Howard to his father's house. Howard’s father went with his son to the police station where police testified Wednesday Howard turned himself in.Schmid said that he was aware of two other incidents of Hart's planning to assault Howard. He said on one occasion Hart did strike Howard.Smith, relying on a statement Schmid made to police following the murder, asked the witness about it: Schmid said police officers did not enter some details, specifically the threat made by Hart, into the statement Schmid said he called this to the attention of police, but the items were omitted anyway. Schmid said he did sign the statement.The witness said he and the defendant had known each other for four years and were close friends.Mrs. Wilma Smith, who said she talked to Howard while he was imprisoned at the Howard County Jail when she was visiting her sister, was on the witness' stand in the morning.She said Howard told her Hart hadbeen telling his sister, Vivian Hart about Howard’s involvement in drugs Howard said the sister was relaying the information to narcotics officer? of the police department.County Deputy Ronald McGraw was called to the stand to verify thai Mrs. Smith bad visited her sister ir jail while Howard was incarcerated on the same floor .The final hour of testimony Thurs day was from the defense’s opening witness, Leroy Ross, staff sergeant a1 Eglin AFB in Florida.Ross read from medical record? compiled during a five-month period Howard was stationed at the base. The records of doctors at the base es-tablished that Howard was discharged from the Air Force March 9. 1972 because he had been diagnosed as a psychoneurotic type with depressive reaction.Doctors stated in the records thai marital problems and job difficulties on the base led Howard to a state ol depression and feelings of guilty anc self-worthlessness which led to druj abuse.Scruggs said he plans to call three or four witnesses Friday. At the con elusion of their testimony and that ol psychiatrists who have examined Howard, the case will go to a jury composed of 10 women and two men.