At the Taunton Assizes, on Saturday, an action for a

libel, brought by Mr. Peter Borthwick, M.P. for Evesham, against the proprietors of the Bath Guardian, was tried before Baron Bolland and a Special -Jury. The libel was said to be contained in a letter published in the Bath Guardian of the 6th November 1834, under the signature of " Umbra the Ragamuffin." The ostensible object of the letter was to warn the electors of Evesham against choosing Borthwick as their Represer.t ttive in Parliament, and to recommend them to put the Efollowing queries to the candidate.

" Are jou not of Scotch parentage, reared a Presbyterian? • Were you not a small bookktiler or stationer in Dalkeith?

" Were yon not a bankrupt titers?

0 Were you not anent anis sentry a eltaritable individual of the English Church in Edinburgh to Downing College, Cambridge, at Ills sole expense ? Did you do justice to his p.thouttge, and devote your time to University pursuits the usual period, or how came you to lease Cambridge ? Is it true that your term there ended not in the college; awl if so, did it end in gaol ; aud if so, explain the transaction ?

" Is it true that you then took to the stage and failed ?

" Is it true that after this you itinersted Great Britain to make speeches against slavery emancipation at the cost of the Planters ? " Is it true that you make orations, aud are put forward to advocate the Conservative interest?

" Is it true that you have repeatedly denied that you are the native of Dalkeith

alluded to. and that your family lite at " And is it then false that Mr. —, of Dalkeith, has identified you at Claverton, and touched is substantial proof that you are the Mr. Peter Bort Its ick of Dulkeith? " Were you not identified at Edinburgh by Dr. Greville, and did not that gentleman publish the tact iu the Scotsman, iu consequence of some misiuformed persons denying it, and sign his name to it no later than March 1833? " Were you not at Liverpool, and are not persons to be found there isho can identify you?"

The following were the pleas put in by the defendants-

1st, The general issue " not guilty." 2d, That the plaintiff was sent to Cambridge at the expense of the Reverend James Walker. :kl, That he did not devote his time to University pursuits the usual period; that Le was in gaol at Cambridge ; and that his name was removed from the books of Down- ing College. 4th, That he had taken to the stage and failed. 5th, That he had been a small bookseller at Dalkeith. 6th, That he had been a bankrupt at Dalkeith, and paid Ss. lid. in the pound to his creditors. 7th, That he had repeatedly denied or attempted to conceal his identity, and that he had been identified by Dr..Greville.

Mr. Sergeant Wilde (who was specially retained), Sergeant Bompae,

and Mr. Crowder, were Ni'. Borthwick's counsel ; Mr. Erie, Mr. Bingham, and Mr. Charles Buller appeared for the defendants.

Mr. Sergeant Wilde, in his opening speech, maintained that the de- fendants had grossly exaggerated one or two facts founded on truth,

and had mixed these up with falsehood— Mr. Borthwick's family had been respectable, and was of some autiquity iu Scotland, but much reduced ; and he was a gentleman of very considerable talent, and ardent in his pursuit of literature and in search of knowledge. A relation of his had been a bookseller at Dalkeith, and in order to assist him, the plaint:ff, who was studying at Glasgow, hail allotted his name to be introduced into the concern, and had rendered himself liable for the debts of that business. From thence he had proceeded to Cambridge, and at his own cost had entered himself at that University ; where having remained sonic time, lie became in difficulty, and was arrested ; but while he was in prison, to show the estimation in which he was held, his friends visited him and rendered him every assistance. Pratt thence he went to London, and ultimately canoe to CI:wet-ton, near Bath.

lle. challenged the defendants to prove the truth of their justification, and had no doubt but the verdict would be in favour of his client.

Mr. Erie, for the defendants, undertook to prove the justifications they had put upon the record, and to trace Mr. Peter Borthwick through his chrysalis state to the butterfly splendour in which he lived at Claverton. After remarking upon the importance of making known the real character of public men, Mr. Erie proceeded [to call several witnesses.

The Reverend John Young, minister of Albion Church, Moorfields, knew Borthwick as a student in Glasgow, in 1823-24-25416. He at- tended Dr. Dick's divinity lectures, and was at the same time a book- seller ; although it was unusual for divinity students to exercise any call- ing except that of teaching. Mr. Young saw Mr. Borthwick in the House of Commons in 1835. Borthwick came up to him, and held out his hand ; but winess did not wish to recognize him.

Mr. Buchanan, head clerk to Oliver and Boyd, the Edinburgh pub- lishers, testified to Peter Borthwick being in partnership, as a book- seller, with his brother James, in Dalkeith, in 1835. Peter was the

active partner. The witness went on to say— He lived in a house separate from the shop. " I applied to him for payment of a bill that was due. He answered that he could not pay it at that time; that he had been that day paying his addresses to a young lady who had some money, and that as soon as he got married he would clear off the debt. He said the mother of the young lady was with him that night. I stated I considered it very improper in him to marry without disclosing his situation ; and I ad.. viseil him to delay his marriage until he could clear up with his creditors. I added that he had too large a house and too much furniture for the nature of his business, that the furniture was nearly new, and I advised him to sell part of it and pay his debts. He said he had no objection ; that he was aware that he had too much furniture and too large a house. I told him George Golden would purchase part, and that be was at Dalkeith at that time. He desired me to bring hint to the house. did so; and he purchased furniture to the amount of 261. 10s. 6d., which he paid over to me on account, and he requested Golden not to move the furniture in the day-time, but in the night, as he did not wish his neighbours to know of it. On the 4th of April 1827, we received a letter from Mr. Borthwick calling a meeting of the creditors of J. and P. Borth- wick ; on the 7th a meeting of the creditors was held. I was chairman. Peter Borthwick was theme ; and it was agreed to give James and Peter Borth- wick a supersedeas. I then took possession of the property, which realized 212/. 12s. 6d., after deducting preferable debts and expenses ; his furniture amounted to 1:15/. 10s. 8, d. and the books and stationery to 211. The divi- dend was 3s. 3id. in the pound. The debts were 583/. Os. 3d. The sum of 15/. was allowed for my trouble. When they were embarrassed, I asked Peter what capital he had when he commenced business. He said he had only about 4/. or 51. of his own money." Mr. Erie proposed to put in evidence to show that Peter Borth wick

had not delivered up the whole of his effects. Mr. Sergeant Wilde objected, that the defendant's plea stated nothing of the kind; but, on the contrary, that he had given up all his property; Baron Rolland de- cided that the evidence could not be received.

Alexander Moffatt, a resident of Dalkeith, confirmed part of Mr. Buchanan's testimony; and stated in addition, that he had seen Peter praying in the Secession Church, and had heard him lecture on slavery twice at Dalkeith.

Mr. Cribb, a surgeon at Cambridge, said that Mr. Borthwick, with his wife and child, were at his house for a week, and that he attended his family when they resided in the vicinity of Cambridge. \Ir. Sergeant Wilde admitted the identity of Borthwick : he was the same person who kept the shop at Dalkeith, afterwards was at Cambridge, and now resided at Claverton : he therefore objected to any evidence of identity being gone into, in order to introduce by a side-wind state- ments unfavourable to his client. After some demur, however, the Court allowed Mr. Erie to call witnesses to prove Borthwick's iden- tity.

The Reverend Mr. Dampier then gave this testimuny-

" knew plaintiff at Cambridge. Ife was at Downing College as a fellow- commoner. I was resiliently with him. He leek lei degree. At the end of his Critibrionee time he was in prison there. I frequently calks1 upon him. asal saw him while in p icon. He event to prison in the smuttier of [set. I was with him when he was released from gaol. I paid the fees. lie het (swede ides. After that I saw hint at a baker's, named Cooley, in Pat k Stteet. Ile told ome he was writing some play, and for sums periesheal. I represented to him the impropriety of his writing this play, he having Leen previously engtoxit iii writing on the Armful tulrest. Ile gave as a teasmat that he n ileum.; it fit the means of subsistence. I sate hint afteewards in Bath lectering no the Asese14 'Wines in Ittin. A renew- counteews is a stetiou that nivehes greater expeno- Ilan that of it peusimwr." Mr. Richard Dawes, a tutor of Downing ('allege, Caisliridge stated that Borthwiek's name had been removed from the heels of the College.

Professor Henslow stew Borthwick in gaol; mid alto r he left Cam - bridge. be received at play-bill from him requestieg his attelidenee and that of his brother at a play, in which Borthwick is as going to pet fat

Edward Carberry, of the Suns Theatre box (drive, said diet s [11- wick performed Othello at the Surry on the 7th mud Sth of .1 um-, 1832— " Mr. Porthwiek gave a bill on demand for playieg. i proem:Inds app!it to him for payment of that bill at Park Street, Grosvenot Square, at to halmel's house of the name of Clancy. I recollect when Oehuldeston left the the Ore. I don't know what becalm- of the bill. I applied seven or eight times for pre_ meat, but did not get the money. When tl per,on comes forward to perhit an as an amateur, the mode is to put Othello by a gentleman- his lust appear- once on any stage.' He was Ilia a bad actor, but his voice was very weal. I should say he would never make a first-rate actor ; there was a little.disappso- baton, but it was drowned with applause. He only 'Kat:awed two melds.-

Mr. Ede then wished to giveevidence that Borthwick had denied his identity ; but Mr. Sergeant Wilde objected ; and the Court would not admit this evidences Sergeant Wilde replied, and Baron Rolland charged the Jury-

" No man could be a greater friend to the press than he was. The press of this country had been of material benefit t-.0 et, and if properly regulated and temperately managed, would in after times and continually lie of great service to the country ; because it kept in check a number of persons who would otherwise conduct themselves in a way not hem-tidal to the state. lint he must couple this approval with this condition, it was not to run riot with pri- vate character, nor to drag into notice and disgrace, fur a time, till the day of trial, at all events, private individuals, unless there were sonic grounds upon which they could properly justify the course they had taken. He then went through the whole evidence, giving it as his opinion that the veulivt nova., at all events, be for the plaintiff upon the plea of the general is-u: and upon thew parts of the libel to which no justification had been pleaded."

The Jury retired for a short time ; and then found a verdict for the defendants upon the 3d, 4th. sith, and 6th pleas, and fur the plaintiff on the others, with 10a damages.