CLINTON TRIAL BEGINS; IMPARTIAL JUSTICE? SENATE FINDS ITSELF IN UNCHARTED WATERS.

Byline: David Hess and Raja Mishra Knight Ridder Newspapers

In a rare and sober silence, the 100 men and women of the U.S. Senate lined up in the well of their chamber Thursday to sign an oath of impartiality and, under the impassive gaze of Chief Justice William Rehnquist, embarked on the nation's second presidential impeachment trial.

Beyond that chamber, however, the senators continued to bicker over how the trial should proceed, and the Democratic and Republican leaders tried desperately to keep their troops from succumbing to partisan disarray.

At issue Thursday, as it has been all week, was whether witnesses in the sex, lies and obstruction of justice case against President Clinton should testify in the trial - a prospect that many senators fear would not only prolong but also tarnish the proceedings. At the end of the day, Senate leaders scheduled an intense negotiating session for 9:30 a.m. today and promised a vote shortly afterward that would start up the trial.

In the ceremonial curtain-raiser Thursday, the Senate was on display at its most august. House members solemnly presented the two articles of impeachment, Rehnquist was sworn in as judge and the senators took their oaths.

The chamber, usually bustling with senatorial chatter, was eerily still. On this day, there were no groups of senators plotting their next moves. There were no smiles, and there was no hand-shaking or back-slapping.

``It was spooky quiet,'' Sen. Byron Dorgan, D-N.D., said. ``Everyone understood that it was a very grave time.''

Added Sen. Rod Grams, R-Minn., ``We've talked and talked about impeachment and the trial, but it doesn't really set in until you actually raise your hand and have the chief justice deliver the oath . . . and you sign the history book.''

Indeed, Rehnquist's swearing-in as the trial's presiding officer, just after 1 p.m. Thursday (10 a.m. PST), was as somber a moment as the Senate has seen in recent history. Not a seat in the gallery was empty. Yet the entire chamber was hushed as Rehnquist, in his black robe with four gold stripes on each sleeve, was escorted to the front of the Senate.

There 96-year-old Sen. Strom Thurmond of South Carolina, third in line for the presidency, administered the oath to the justice. Appropriating the gavel from Thurmond, Rehnquist then turned to face the Senate.

The impeachment trial of the president had begun.

Rehnquist asked, ``Do you solemnly swear that in all things pertaining to the trial of the impeachment of William Jefferson Clinton, president of the United States, now pending, you will do impartial justice according to the Constitution and laws, so help you God?''

``I do,'' the senators replied in unison.

One by one they repeated their affirmations of the oath, walking to the front of the Senate to place their signatures in a book that will record their oath-taking for history.

Senate Sergeant at Arms James Ziglar then delivered the centuries-old warning to the assembly: ``Hear ye! Hear ye! Hear ye! All persons are commanded to keep silent on pain of imprisonment while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against William Jefferson Clinton, president of the United States.''

Finally, Senate Majority Leader Trent Lott, R-Miss., called a recess, and the newly sworn jurors resumed their fractious attempt to map a course for the momentous proceeding.

The senators had all but given up on coming to an agreement and were prepared to put the GOP and Democratic trial proposals in a head-to-head vote. But after a day of stops and starts, Lott and Minority Leader Tom Daschle of South Dakota decided to try again this morning, blaming the impasse on miscommunications.

``I thought we were close to an agreement. But there were conferences, and then it went the other way,'' Lott said at one point, ducking into yet another meeting with Daschle.

By day's end, both men spoke jointly to reporters, eager to dispel the image that they were collapsing into an intractable, party-line dispute.

``The best way to keep calm and cool and dignified is to look at each other and talk to each other . . . and try to work out our problems,'' Lott said.

Daschle added, ``We want to give it another 24 hours to see if we can work out an agreeable way to proceed before we have any votes (that could divide the two parties).''

The lack of agreement clearly agitated White House officials, who said that without a trial plan, the president's lawyers would have difficulty planning their defense. Clinton lawyers suggested the trial could be conducted without witnesses by relying strictly on the documents supplied to the House by Independent Counsel Kenneth Starr. House prosecutors, however, have insisted they must call witnesses to make their case.

Daschle and Lott said they would consider the needs of both sides but would not be swayed by them.

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PHOTO Senators are sworn in by Chief Justice William Rehnquist in the Senate chamber Thursday.

Associated Press