The Elvira Harbeck

NELSON, Circuit Justice.

There is no evidence that the libellant and her family took passage in the Elvira Harbeck or ever.intended to take passage in her. On the contrary, their passage was taken in the Roscoe, on which ship they expected to have carried with them their personal effects; but they were disappointed, in consequence of the non-arrival of the goods in the cars from Aix-la-Chapelle, when the vessel sailed. It was then arranged with their agent to send the goods in some other vessel bound for the same port But even assuming that the li-bellant and her family had engaged their…