LIBRARY UNIVERSITY OF CALIFORNIA BAVIS JJNIFORM "WITH THIS VOLUME. NEW ENGLAND BIRD LIFE: A MANUAL OP NEW ENGLAND ORNITHOLOGY. Revised and edited from the manuscript of Winfrid A. Stearns, Member of the Nuttall Ornithological Club, etc. By Dr. ELLIOTT COUES, U.S.A., Member of the Academy, etc. Part I. Oscines (Singing Birds}. Illustrated, $2.50. See Recommendations at end of this volume. LEE AND SHEPARD, PUBLISHERS, BOSTON. NEW ENGLAND BIRD LIFE BEING A MANUAL OF NEW ENGLAND ORNITHOLOGY REVISED AND EDITED FROM THE MANUSCRIPT OF WINFRID A. STEARNS MEMBER OF THE NUTTALL ORNITHOLOGICAL CLUB ETC* BY ELLIOTT COUES MEMBER OF THE ACADEMY ETC. PART II. NON-OSCINE PASSERES, BIRDS OF PREY, GAME AND WATER BIRDS. BOSTON LEE AND SHEPARD PUBLISHERS NEW YORK CHARLES T. DILLINGHAM 1883 LIBRA** UNIVERSITY OF CALIFORNIA DAVIS PUBLISHERS' NOTE. As circumstances within the control of the editor have enabled him to complete the revision of the work, that portion embracing the Non-oscine Passeres and other remaining Land Birds, together with all the Water Birds, is now issued as Part II., concluding the treatise. COPYRIGHT, 1883. BY LEE AND SHEPARD. All Rights Reserved. BOSTON STEREOTYPE FOUNDRY, No. 4 PEARL STREET. Presswork by John Wilson & Son, Cambridge. CONTENTS. EDITOR'S PREFACE BIRDS OF NEW ENGLAND Family Tyrannidcz : Caprimulgidce .» Cypselida : TrochiHda : AlcedinidcE : Cuculida : Picidce : Strigida : Falconida : Cathartidce : Columbidcz : Meleagrididtz : Tetraonida : Charadriidce : Hczmatopodidce : Recurvirostrida : Phalaropodidcs : Scolopacida : PACK 5 ii Flycatchers . . . .11 Whippoorwills and Night-hawks, 50 Swifts ..... 56 Humming-birds 59 Kingfishers .... 62 Cuckoos 65 Woodpeckers .... 69 Owls 86 Hawks 101 American Vultures . . -135 Pigeons 139 Turkeys . . . . . 145 Grouse, Partridge . . .145 Plovers 163 Oyster-catchers . . . .177 Avocets, Stilts . . . .180 Phalaropes .... 184 Snipe, &c 191 3 CONTENTS. PAGE Family IbididcE : Ibises 254 Ardeida: Herons 259 Gruida: Cranes 276 Rallida : Rails and their Allies . . 279 Anatida : Swans, Geese, and Ducks . 296 Sulida: Gannets 334 Pelecanidce: Pelicans 337 Phalacrocoracida : Cormorants . . . -339 Tacky petidce : Frigates 341 Laridce : Jaegers, Gulls, Terns, Skimmers, 343 Procellariida> : Petrels 33o ColymbidcE : Loons 388 Podicipedidcz : Grebes 391 Alcidce: Auks 394 EDITOR'S PREFACE. APOLOGY is due that portion of the public which may be interested in "New England Bird Life" for the de- lay which has occurred in the preparation and publica- tion of the concluding volume of this treatise. In November, 1880, when, the revision of Mr. Steams' manuscript having been made through O seines, the first volume had gone to press, the editor was directed by the War Department to repair to Arizona and take up the routine duties of a medical officer of the army ; and it was several months before he could free himself from this annoyance by resigning his commission. It being clearly impracticable to do any literary or scientific work under such circumstances, preparation of the manuscript for the press was necessarily suspended at the point it had then reached. Proofs of the portion already in the printer's hands having been read by the editor in Ari- zona, Part L, embracing 0 } seines > was published upon his return to Washington in September, 1881. 5 EDITOR'S PREFACE. To the same outrage is mainly to be ascribed that im- perfection of the present volume, of which no one can be more fully aware than the editor. Resuming his avo- cations with nearly a year's arrested work of various kinds upon his hands, it was found impossible to give the present treatise all the attention he would other- wise have been able to bestow upon it. He was also cramped for room to adequately treat the many remain- ing Birds of New England in one volume which should approximately equal the first in enforced number of pages. He may therefore with propriety deprecate criti- cism of Part II., in so far as his responsibility for it is concerned ; and refer, in evidence of the embarrassment to which he alludes, to some of the matters which divided his attention during the period of which he speaks. The "Coues Check List," etc., which was sent to press in September, 1880, revision for its second edi- tion having been completed in July of the same year, was practically suspended until his return, and further delayed in publication until June, 1882. The second edition of the " Key," etc., long contemplated both by publisher and author, could not be put to press until some months after his return, entire rewriting of the work, with addition of much new matter, being required to bring it up to date. Each of these works being in press while the present treatise was in the same state, all of them far behindhand, the three together made unusually urgent demands upon time and patience ; and EDITOR'S PREFACE. 7 in the case of the "Key" the unavoidable delay has not yet been overcome. The " Bibliography of Ornithology," the third instalment of which protracted labor hap- pily appeared in November, 1880, and the "Birds of the Colorado Valley," Part II., having both been suspended during publication by the same ill-timed interruption, need not be considered in the present connection. But a more serious difficulty, because one involving an offi- cial obligation, occurred in the case of the "History of North American Quadrupeds," ordered by Congress in 1880 to be prepared and published as Vol. XIV. of the Reports of the U. S. Geological and Geographical Sur- vey of the Territories, the elaboration of the text and the superintendence of the drawing and engraving of the necessary illustrations having continuously required his attention, before, during and after the long indignity to which he was subjected. The editor takes great pleasure in recognizing the timely and valued assistance rendered in the preparation of this work by his friend, Mr. H. A. Purdie, of Boston. As in the case of Part L, Mr. Purdie has very kindly gone over the scattered published records of the species to be treated, furnishing extended memoranda, which have proved an invaluable saving of time and labor ; for which, as well as for important suggestions and criticisms made by the same well-known ornithologist in reading the proof-sheets, both author and editor are greatly indebted. 8 EDITOR'S PREFACE. In no other part of the United States have the Birds of our country been so closely and successfully studied as in New England, where a host of zealous and watchful field-naturalists, stimulated and to a great extent led by the Nuttall Ornithological Club, have brought our knowledge of bird-life in all its details near that degree of perfection which is witnessed in the writings of British authors upon the Birds of their own islands. The material for an exhaustive treatise upon New England Ornithology — if it be desired to have a com- plete special History of New England Birds apart from those of North America at large — is ample and invit- ing. Much of it, hitherto widely scattered and in the raw, has been brought together and to a degree system- atized in the^present treatise, numberless sources of information having been utilized as well as the untoward circumstances permitted ; but, so far from having ex- hausted the readily accessible data upon the subject is the editor, that he can only look upon the result of his labors as a convenient means to an end not yet accom- plished. Such remains the case, more particularly, with the Water Birds ; in respect of which the very richness of the material of which he has been unable to fully avail himself has been rather an embarrassment than otherwise. While inaccuracies of statement may pos- sibly prove to be few and not serious, very much has been left unsaid through sheer stress of time and space. A volume larger than either part of this treatise might EDITOR S PREFACE. 9 easily and most acceptably be devoted to the Water Birds alone of New England. Much is to be expected from the concluding volumes of Baird, Brewer, and Ridgway's " History of North American Birds ; " but these are still unpublished ; and meanwhile, with the exception of what may be found upon the Waders and Swimmers in the "Birds of the Northwest," now already nine years old, no systematic work upon that extensive and attractive series of Birds has appeared since the Audubonian period. The growing suspicion of fatality, so to speak, which attaches to this matter, might lead an author contemplating the next systematic treatise upon Birds to consider the expediency of be- ginning at the other end of the current list, and working up from Alcidce towards the Turdidce. In the present volume some of the Water-Bird biog- raphies have been pretty fairly elaborated, and special pains have been taken to collate and sift the New Eng- land records of the rarer species, whether of the land or of the water, — those casual visitors which, while leaving no decided impress upon our Avifauna, are nevertheless a kind of beings which the ardent collector least delights to entertain unawares. In the cases of these visits, few and far between, the editor regrets still to find himself so frequently at variance with statements of fact and expressions of opinion of late authority upon the sub- ject. Yet, in the end, the fairest reciprocity of author- ship — whether regarding one whose hand has left the 10 pen, or one whose hand still knows the weapon mightier than the sword — proves to be that sense of justice which tries the amenities of the golden rule by the best touchstone — nil nisi verum. It is scarcely necessary to say, that, as in the case of the former volume, the author of " New England Bird Life" has in the present instance had full per- mission to make such use as he might see fit of any of the editor's previous publications ; and it has not been necessary, under the circumstances, to always preserve the appearance of quotation. With some exceptions, the illustrations are derived from the same sources. The classification and nomenclature are of course those of the second edition of the editor's " Check List of North American Birds " — that published the past year in Boston by Estes and Lauriat ; this selection being made in the interest of a standard and uniform system of nomenclature, conformity with which seems to be the best means of avoiding that incessant " shuffling of names " which serves chiefly to confuse the student, and by so much to interfere with his progress in the delightful study of ornithology. E. C. SMITHSONIAN INSTITUTION, WASHINGTON, D. C., Jan. i, 1883. BIRDS OF NEW ENGLAND. FAMILY TYRANNID^E: FLYCATCHERS. THE First Part of our work has been devoted to the Singing Birds, technically known as Oscine (or melodious) Passeres, which are so numerously and variously repre- sented in New England that a volume has scarcely sufficed to exhibit their habits and characteristics. But having finished our pen-portraiture of that great group, including nearly one-half of the birds of New England, we turn our attention to other aspects of bird-life, which offer us much greater variety and certainly not less interest. Part Second continues directly with the Cla- material (or non-melodious) Passeres, represented in New England, as they are elsewhere in North America, by the single family Tyrannidce. Flycatchers abound in the warmer parts of America, where the genera and species, no less than individuals, are most numerous. Only twelve kinds, however, are found in New England ; three of which are merely strag- glers from the West and South, having each been observed but once over our border, while a fourth has only recently been ascertained to occur at all. But the remaining eight species are more or less familiar and abundant birds of our country during the migrations and in the breeding season. 12 TYRANNID^E : FLYCATCHERS. SWALLOW-TAILED FLYCATCHER. MILVULUS FORFICATUS (Gm.) Sw. Chars. Tail much longer than the body, deeply forficate. First primary emarginate. Crown with a flame-colored patch. Gen- eral color hoary-ash, paler or white below, with patches of scarlet or bloody-red on the sides, and other parts of the body tinged with the same or a paler shade of red. Tail black, several of the feathers extensively white or rosy. Wing about 4.50 ; tail nearly a foot long when fully developed. This very elegant and grace- ful bird of the southwestern United States, abundant and conspicuous in Texas, is one of the three Flycatchers which have accidentally occurred in New England, each in a single instance. A specimen was taken by Mr. Carpenter, at Wauregan, Conn., about April 27, 1876 (Purdie, Bull. Nutt. Club, ii, 1877, p. 21 ; Merriam, B. Conn., 1877, p. 50). An- other equally exceptional case is that recorded by Dr. C. C. Abbott (Am. Nat., vi, 1872, p. 367), a specimen having been secured at Trenton, N. J., April 15, 1872. Drs. Coues and Prentiss include the spe- cies in their list of the birds FIG. T.-Emargination of primaries in °f the District of Columbia J Tyrannida. *, Milvulus forficatus ; but that TCCOrd being b, Tyrannus carolinensis ; c, T. , verticalis ; d. T. -vociferous. City Open tO doubt, the TYRANNUS VERTICALIS ! ARKANSAS FLYCATCHER. 13 remain the only authentic instances of the occurrence of the species so far beyond its usual range. ARKANSAS FLYCATCHER. TYRANNUS VERTICALIS Say. Chars. Several outer primaries gradually attenuate for a long dis- tance. Coloration olivaceous and yellow. Belly and under tail- coverts clear yellow, the back ashy-olive, changing to clear ash on the head, throat, and breast, the chin whitening ; lores and auriculars dusky ; wings dark brown with whitish edging ; tail blackish, the outer web of the outer feather white. Bill and feet black. Length, 8.00-9.00 ; extent, 16.50; wing, nearly 5.00 ; tail, about 4.00 ; bill, 0.65-0.75. Another straggler to New England, this time from the West instead of the South, the Arkansas Flycatcher being chiefly a trans-Mississippian bird, extremely abun- dant in its proper habitat. It has occurred in New Eng- land in only one known instance. The late Dr. Henry Bryant recorded a specimen said to have been taken at Plympton, Maine (Pr. Bost. Soc. Nat. Hist., x, 1865, p. 96). There being no such place, Dr. Brewer presumed Pembroke, Maine, was meant, and so amended the record (Pr. Bost. Soc. Nat. Hist., xvii, 1875, p. 443). Mr. Purdie later gave the correct reference, the specimen having been taken at Elliot, Maine, by Mr. George E. Brown (Bull. Nutt. Club, i, 1876, p. 73). Dr. W. P. Turnbull has instanced the occurrence of the Arkansas Flycatcher at Moorestown, New Jersey (B. E. Pa., 1869, p. 41). Mr. E. P. Bicknell notes the capture of a specimen in Riverdale, N. Y., Oct. 9, 1875 (Bull. Nutt. Club, iv, 1879, P- 60). A fourth instance 14 TYRANNIM:: FLYCATCHERS. of the appearance of this western bird beyond its usual range is cited by Prof. Baird in the Smithsonian Report for 1874, p. 32, where notice is given of a specimen taken in Maryland, near Washington, D. C, and found in market in that city, Sept. 30, 1874, by Mr. P. L. Jouy. These are all the cases of the kind which have come to our notice. GRAY KING-BIRD. TYRANNUS DOMINICENSIS (Gm.) Rick. Chars. Similar to T. carolinensis. Larger ; length about 9.00 ; extent, 16.00 ; wing, 5.50 ; tail, nearly 5.00, emarginate ; bill an inch long, very stout and turgid. Five or six primaries usually emarginate. Upper parts grayish-plumbeous, rather darker on the head, the auriculars dusky. Under parts white, shaded with ashy on the breast and sides, the under wing-coverts faintly yel- lowish. Wings and tail dusky, edged with whitish or yellowish, the tail-feathers merely indistinctly lighter at their tips, not broadly tipped with white. The proper habitat of the Gray King-bird is the West Indies and Florida, whence it occasionally strays north- ward. It has once occurred in New England, having been taken at Lynn, Mass., Oct. 23, 1869, by Mr. Charles Goodale, as recorded by Allen, Am. Nat., iii, 1870, p. 645 ; Maynard, Nat. Guide, 1870, p. 124; Brewer, Pr. Bost. Soc. Nat. Hist., xvii, 1875, P- 144; Allen, Bull. Essex Inst, x, 1878, p. 19; Minot, B. N. E., 1877, p. 273, — all these records referring to the same instance. The bird is said to have also occurred on Long Island (Forest and Stream, July 23, 1874, p. 373). TYRANNUS CAROLINENSIS : KING-BIRD. 1 5 KING-BIRD; BEE-MARTIN. TYRANNUS CAROLINENSIS (L.) Bd. Chars. Subcrested ; crown with a flame-colored patch ; two outer primaries emarginate. Above blackish-ash, blackening on the head ; below pure white ; breast shaded with ashy ; tail broadly tipped with white ; bill and feet black. Length, about 8.00 ; ex- tent, 14.50 ; wing, 4.25-4.50; tail, 3.50 ; bill, less than l.oo. No one of the Flycatch- ers is more abundant in New England than this tyrant, nor is any one of them so conspicuous a figure on the highways and in the by-ways alike. The spirited creature is dis- persed over all our country, and therefore characteristic of no faunal area; but, in itS local distribution, it is FIG. 2. — KING-BIRD. most numerous in cultivated and populous regions, so that the greater number of individuals in New England is constantly under the eye of man, whose regard is re- turned with cool audacity and entire self-reliance. The vehement twittering, with which the King-bird expresses the turbulent passions it feels, is one of the common sounds of the orchard, old field, and road-side, wherever the bold bird perches with martial bearing in wait for its prey, or nervously dashes in the air on quivering pinion to capture the passing insect, or put an enemy to rout. The notes have been likened to those of Swallows, but they are harsher, and pitched in a higher key. During the l6 TYRANNIES I FLYCATCHERS. mating season few birds, if any, make more noise than the King-bird, and none are more restless, — some un- easy spirit seeming to urge this valiant knight to inces- sant deeds of daring, till one might fancy it ready to tilt against a windmill if nothing else offered. After the animated contests of the pairing season, when several ambitious males, with questionable judgment, quarrel for the privilege of securing a vixenish partner, — after these tournaments are over, one would think that peace might reign ; but the King-bird's life is mostly passed in guerilla warfare with every bird that ventures too near, even if it be a Crow, Hawk or Owl, many times its superior in all things excepting audacity. Brooking no intrusion or division of kingdom, the courageous bird deserves its title, and by right of conquest wears the insignia of royalty, — tyrant by name and nature, and literally crowned with fire, kindled in the alembic of an ardent heart. Being exclusively insectivorous, like all of its tribe, the King-bird must enter and leave New England with the appearance and disappearance of the winged hosts upon which it preys. Occasionally, an avant-courier is seen in April, and even by the middle of that month ; but it is usually the first or second week in May when the dashing bird begins to sound shrill challenge and display its flaming crest, with defiant shaking of its feathery lance. Great numbers press after ; the quota is soon filled ; and no sooner is the migration finished than pairing and nest- ing commence with all the pomp and circumstance I have described. The fabric is generally completed by the first of June ; and the situations chosen for the nest are such that few specimens of bird-architecture are more exposed to public view. It is usually placed in an TYRANNUS CAROLINENSIS : KING-BIRD. I/ orchard or garden, or by the wayside, on a horizontal bough or fork at a moderate distance from the ground, and being bulky as well as openly situated, is as easily found as that of a Robin. It is ragged and loose exteriorly, but well cupped and brimmed, and may consist of twigs, weedstalks, grasses, rootlets, leaves, moss and plant down, with or without hair-lining, — the soft, fluffy substance being matted or felted together in an ingenious manner. The eggs are usually four or five in number, and very handsomely colored, being rich creamy-white, artistically spotted and blotched with dark brown, light reddish- brown, and lilac, chiefly in large bold pattern, the mark- ings themselves sharp-edged and distinct, as well as so heavy in color. The eggs are consequently not likely to be mistaken for those of any other bird. They measure about 1.00x0.75, being thus quite rotund: but there is the usual variation in size and shape. If one would realize the courage and pug- nacity of this redoubtable bird, he has only to offer to molest the freighted nest, and see with what vigor and persistence — with what outcry and at what risk of danger the threatened invasion will be resisted, even if ineffectually, by the devoted and determined parents. But if no such misfortune happens, the brood is safely hatched and reared ; and then one of the most pleasing aspects of the King-bird's life is witnessed in the zealous assiduity with which the young are encouraged to leave the nest and taught to use their tremulous wings. These duties and pleasures continue through the greater part of the summer, and then there is a little period of com- parative quiet in the camp before young and old alike, with the failure of their supply of insect food, make off for the South during the latter part of September. i8 TYRANNIM: : FLYCATCHERS. GREAT CRESTED FLYCATCHER. MYIARCHUS CRINITUS (L.) Cab. Chars. Head crested, but no colored crown-patch ; no primaries emarginate. Upper parts olivaceous ; throat and fore-breast pure ash ; other under parts bright yellow ; primaries conspicuously edged with chestnut ; tail feathers dusky, with nearly the whole inner webs chestnut ; bill blackish ; feet black. Length 8.50- 9.00; extent, 13.00-13.50; wing and tail, each, about 4.00; bill and tarsus, each, about 0.75. It is not easy to outline the dis- tribution of this bird in New Eng- land with a firm hand, or in few words to indicate clearly the man- ner of its occur- rence. Though the records are numerous, they are far from coin- cident, and often conflicting. The species belongs to a thoroughly tropical genus, FIG. 3. — Generic details of smaller Flycatchers: a, naving numerOUS Afyiarchus; b, Sayiomis ; c, Contopus ; d, Empido- species in Central and South Amer- ica, but only one which occurs in the United States at large. If, therefore, it were a bird of migration MYIARCHUS CRINITUS I CRESTED FLYCATCHER. IQ and distribution so regular as to characterize certain faunal areas, we should expect it to be represented equally and numerously in southern New England, and sparingly or irregularly further north. As a fact, how- ever, it appears to be nowhere very abundant, and yet to be dispersed with what may be called " regular irreg- ularity" in all the six New England States — its dis- tribution being according to locality without special reference to latitude. Again, there is something capri- cious as well as fortuitous in its movements — for its numbers seem to increase or diminish in particular localities in different years, and it may even disappear entirely from places where it had formerly been observed, or be seen some years in other regions where there had been no previous records of its appearance. To sum the case in few words, we may say that this Flycatcher is locally distributed in nearly all New England, but by no means throughout that country ; and that in most places where found at all it is rather a rare bird. It is of course only a summer visitor ; it arrives early in May, and de- parts usually before the end of September. Though Nuttall spoke of the Crested Flycatcher as nearly unknown in New England, and Linsley men- tioned the only individual he ever saw in Connecticut, • Mr. Merriam says that now it is certainly a really com- mon bird in the southern part of that State at least; adding that we must remember that Nuttall and Linsley were probably not familiar with its characteristic — almost diagnostic — note. "My experience with the bird," he states, " has been, that it is rarely seen, unless, guided by its note, it is persistently followed up ; and even then, one is almost at his wit's end to get a shot, so well does the bird keep concealed amongst the foliage." In fur- I 2O TYRANNIES I FLYCATCHERS. ther evidence of the manner of the bird's presence in Connecticut, I will quote again from Mr. Merriam : " Mr. W. W. Goe, who early became familiar with the note of this species, tells me it has been a common bird in the vicinity of Portland, Conn., for at least fifteen years — ever since he commenced collecting birds. Prof. William D. Whitney, of New Haven, informs me that he has known the bird for at least thirty years, and that he has always regarded it as common. His observations extend over portions of Massachusetts (about Northampton), as well as Connecticut. Mr. J. N. Clark, of Saybrook, Conn., says that it was not rare, about the mouth of the Connecticut, twenty-five years ago ; and Dr. Wm. Wood, of East Windsor Hill, Conn., tells me that it has bred regularly, and has not been uncommon in that vicinity for the last twenty-five or thirty years." (B. Conn., 1877, p. 52.) In Dr. Coues' List of the Birds of New England, the species is noted as a " summer visitant; rather rare" (Pr. Essex Inst, v, 1868, p. 264). Dr. Brewer's Cata- logue says, "rare summer resident" (Pr. Bost. Soc., xvii, 1875, p. 443). Mr. Allen's Massachusetts list mentions the bird in identical terms (Bull. Essex Inst., x, 1878, p. 19). "The birds reach Massachusetts," says Mr. Minot, "about the middle of May, and ordinarily remain there four months" (B. N. E., 1877, p. 275)., In Maine, both Mr. Verrill and Mr. Boardman give the species as rare, the one at Norway, the other at Calais. Mr. Brewster has latterly found it a regular summer visitor to the Um- bagog Lake region, where it was not ascertained to occur in 1871. In Vermont, Mr. C. S. Paine has found it about Randolph. In the region about Hamilton, Canada West, it is noted by Mr. T. Mcllwraith to be a MYIARCHUS CRINITUS ! CRESTED FLYCATCHER. 21 common summer resident. An extension of the bird's range of late years has been observed by Mr. Merriam, who, referring to some remarks by Mr. T. M. Trippe on the irregular migrations of birds (Am. Nat., vii, 1873, p. 390), records a parallel case, in the instance of this very species occurring in Lewis County, northern New York. "There, prior to the year 1870, they were un- known, at least so far as I can ascertain, and it is safe to say that they were extremely rare. In 1870, my cousin, Mr. C. L. Bagg, shot one specimen, the first we had ever seen. During the next season I shot a pair. I was away from home in 1872, but Mr. Bagg informs me that he took several Great Crested Flycatchers that year, and that they were quite common. In August, 1873, I sn°t eight in about an hour's time, and since then they have been one of our commonest species, breeding abundantly in the tall maple and birch forests, where their characteristic, but rather harsh cry, may be heard at any hour of the day throughout the entire season." (B. Conn., 1877, p. 51.) While it is scarcely needful to multiply citations in the case of so generally if irregularly distributed a species, the reader may be referred to the results of Mr. H. A. Purdie's observations, in Am. Nat., vii, 1873, p. 692 ; and Bull. Nutt. Club, i, 1876, p. 73; ii, 1877, p. 16; as well as to those of Mr. R. T. Morris, in Forest and Stream of May 14, 1874, p. 213 ; of Mr. F. W. Hall, in the same paper, of Dec. 3, 1874, p. 261 ; and of "G. G. H. Jr.," also in the same paper, Aug. 23, 1877, p. 44. Comparatively few persons are familiar with the habits of this bird, as it is not one which courts the society of man, but prefers to keep aloof in the depths of the forest, where it leads a wild, shy, and solitary life. It may be 22 TYRANN1D.E : FLYCATCHERS. recognized by its singular notes — one a harsh, explosive outcry of one syllable, pitched in a high key, and others sounded in guttural tone two or three times — all sug- gestive of the bird's irritable and impulsive nature. It keeps for the most part high up among the trees, where it may be observed perched on the end of a dead branch in the attitude so characteristic of its tribe — with drooping or swaying tail and listless air — to be ex- changed in an instant, however, for quick and spirited action, should anything excite its attention, or provoke its anger. It is an extremely pugnacious bird, and the combats of the males in the breeding season are almost incessant. Its forays for passing insects are executed with great verve and adroitness, and at other times the bird may be seen dashing at a high rate of speed through the tree-tops. Under any excitement the crest is erected, and the wings are held quivering in readiness for instant action. Our Flycatchers are without exception distinguished by some peculiarity of nidification, and the nesting of the present species is in a manner quite its own. It builds in the hollows of trees, and the cast skins of snakes are almost invariably found among the materials which com- pose the nest. Post-holes, and even artificial retreats, such as Blue-bird or Martin boxes, are sometimes occu- pied. The eggs, four or five in number, measuring about 0.85 by 0.62, are unique in pattern of coloration, of which it is difficult to give an adequate description. Upon a buff or rich clay-colored ground are drawn lengthwise numberless markings of dark purplish-chestnut, or pur- plish-chocolate, mixed with others of a paler and more lilaceous tint — these markings being mostly of a peculiar sharp, scratchy character, as if done with a fine pen. At SAYIORNIS FUSCA I PEWEE ; PHCEBE-BIRD. 23 the greater end of the egg the tracery becomes more expansive and somewhat confluent, but the scratches, which cover the whole surface, are for the most part distinct ; they mostly preserve their longitudinal char- acter, but in some specimens they run in every direction. This remarkable style of egg obtains in all the North American species of the genus, and may be as truly a generic character as is any one of those derived from the birds themselves. It would not be surprising to learn that it is related to some peculiarity of the minute anatomy of the oviduct. PEWEE; PEWIT; PHCEBE-BIRD. SAYIORNIS FUSCA (Gm.) Bd. Chars. Head sub-crested, without colored crown-patch, and no primaries emarginate. Above, dull olive-brown, becoming quite blackish on the head ; below, soiled whitish or very pale yellow, brightest on the belly and under tail coverts, shaded on the breast and sides with grayish-brown. Wings and tail dusky ; the outer tail feathers and inner secondaries edged with whitish ; a whitish eye-ring ; bill, eyes and feet, black. Late summer specimens, in worn plumage, are quite dull and dingy. Autumnal birds are brighter-colored than in spring. Very young birds have rusty edgings of the feathers, especially those of the wings and tail. Length, 6.75-7.25; extent, 11.00-11.75; wing, 3.25- 3.50; tail, about the same, emarginate ; bill, 0.50-0.55, little depressed, not so broad for its length, or so much flattened, as in Contopus and Empidonax, its lateral outlines straight ; tarsus equalling or exceeding the middle toe and claw, these together, about 1.33 ; point of wing formed by the second-fifth quill, third and fourth usually a little the longest ; first shorter than sixth. Having left the larger Flycatchers, we enter with this species upon the "little tyrants" — Tyrannulas, as they 24 TYRANNID.E : FLYCATCHERS. used to be called : small olivaceous Flycatchers, without very strong distinctive coloration, or any bright tints whatever. The present, though the only one of its genus in New England, and well marked in the char- acters above given, requires careful discrimination, in the hands of the novice, from any of the species of Contopus or Empidonax. Closely related, however, as it is to these in physical characters, it differs so much in habits, in notes, in nesting, and almost every particular of its life-history, as to make in our bird-life quite a figure of its own. It is a summer visitor to New England, like all the family ; but it comes earlier and lingers later than any other, being found in seasons so unpropitious that one wonders where it finds the necessary supply of insect food ; and in fact at some seasons berries form a part of its food. It is one of the very first birds to presage the opening year, — the very harbinger of spring. Before that season is crowned, the bird is on the alert, and its sharp, querulous "pewit — pewit" seems to complain impatiently of the tardy march of nature forth from bondage into freedom. An occasional Phoebe-bird may appear even in February ; some come by the middle of March ; by the end of that month there are plenty, and it is well through October before the loitering hosts have disappeared. For the greater part of the year, therefore, Pewits make their homes in New England; they are common, in most places abundant, and not restricted by latitude in their distribution ; and being also very famil- iar birds, are among those best known to all classes. Civilization has effected in this case the same change in the nest-building of a bird that has resulted in the more conspicuous instance of the Swallows, by affording SAYIORNIS FUSCA: PEWEE ; PHCEBE-BIRD. 25 artificial nesting sites so convenient that the bird habitu- ally avails itself of these facilities. The original " typical " situation is the side of an upright rock, usually over water, and often itself dripping; the nest being affixed either to the open face of the stone, or beneath a projecting shelf, or in a cranny or retiring angle. Other sites frequently selected are the sides of earthen embank- ments or cuts, such as a Bank Swallow or Kingfisher might burrow in ; or the roots of upturned trees, with plenty of earth clinging to them. The eaves and rafters of buildings now furnish the usual substitutes. The nest resembles a fourth of a sphere, applied by a vertical flat surface to the support, with another surface horizontal and hollowed out — the curved contour being somewhat elongated downward. The nest is built, like that of the Barn Swallow, of mixed mud and vegetable substances, but is much neater and more compact ; moss usually enters largely into its composition, and those nests which are placed on wet rocks near the water, in the cool, moist, shady nooks the bird loves so well, are often composed chiefly of moss and mud, which may be artistically stuccoed with lichens. Two and even three broods may be reared under favorable conditions in one season. The first set of eggs is usually completed early in May, and another some time in June. The eggs are ordinarily four or five in number, measuring about o./oX 0.52; they are normally pure white and unmarked, though in some cases sprinkled with a few dots. The attachment of the Pewit to particular places is a marked trait. A pair will return year after year to re-occupy the same home in preference to any other equally eligible nesting site ; and their perseverance in building under the most discouraging circumstances is no less remarkable. 26 TYRANNID.E I FLYCATCHERS. OLIVE-SIDED FLYCATCHER. CONTOPUS BOREALIS (StV.) Bd. Chars. Head sub-crested ; feet extremely small ; tarsus shorter than middle toe and claw ; pointed wings much longer than the emarginate tail. Length, 7.00-8.00 ; wing, 3.90-4.30 ; tail about 3.00; tarsus, middle toe and claw, together, only about 1.25; bill, 0.66-0.75. Dark olive-brown, usually darkest on the crown, and palest on the sides ; chin, throat, belly, under tail-coverts, and middle line of breast, white, or whitish ; wings and tail black- ish, with whitish edging of the inner quills ; upper mandible and feet black. The olive-brown of the under parts has a peculiar streaky appearance; there is a tuft of fluffy white feathers on the flank. This is much the largest of the olivaceous Flycatchers, nearly equalling a Myiarchus in dimensions; but its form is strictly that of the Wood Pewee. Though not charac- teristic of any faunal area, it is more abundant in the Canadian than in the Alleghanian, and in the breeding season quite rare in the Carolinian; that is to say, it grows more and more numerous in summer as we pro- ceed northward in New England. Thus, for Connecticut, Mr. Merriam furnished in 1877 the first record subsequent to the doubtful one made in 1843 by Linsley : "Rare; probably a few breed in the more northern and hilly parts of the state, as they are known to do in Massa- chusetts. On the 1 8th of October, 1875, attracted by its characteristic note, which is a short whistle, resem- bling the syllables o-wheo, o-wheo, o-wheo, uttered several times in succession, with the voice falling on the last o, I caught a momentary glimpse of one, perched on the top of a tall tree ; but the bird was very shy, and I did not succeed in getting a shot. Mr. Erwin I. Shores CONTOPUS BOREALIS I OLIVE-SIDED FLYCATCHER. 2/ writes me that he took a male at Suffield, Conn., Aug. 8, 1874. This is strong evidence of their breed- ing in the hills about that portion of the state, for mi- grants would hardly appear in Connecticut during the first of August." (B. Conn., 1877, p. 53. See also his notes in Am. Nat., vii, 1873, p. 750, and viii, 1874, p. 309 ; also R. Deane's, ibid, p. 308.) The Connecticut record being thus so meagre, the time of the entry of this migratory bird into New England cannot be given with precision. It is one of the later arrivals, however, ap- parently not reaching Massachusetts before the second week in May, and leaving its summer resorts rather early in September. In that state, different observers have called it a " rare summer resident," a " rather uncommon summer resident," "neither rare nor common," and "quite common," according to different localities and circumstances of observation. It is marked as "quite common and breeding" at Umbagog Lake, in Maine, by Messrs. Maynard and Brewster, and Mr. G. A. Boardman speaks of its "abundance " some seasons in the vicinity of Calais, in the latter state. We also have records to cor- responding effect from Vermont and New Hampshire. The Olive-sided Flycatcher is confined to no particu- lar kind of ground, but may be observed in orchards and gardens, or groves of evergreen trees, as well as in the depths of pine forests. In Massachusetts, it is partial to pitch pine groves, especially during the breeding season. Wherever found it is likely to become a con- spicuous object from its habit of perching in exposed situations upon the ends of dead limbs, or blasted tree- tops, whence it utters its loud characteristic notes and makes its spirited sallies after passing insects, return- ing to the same post of observation. Nesting is essen- 28 TYRANNID^E : FLYCATCHERS. tially similar to that of the Wood Pewee, the structure being saddled on a horizontal limb, or fixed in a fork, often at a great height from the ground. The nest is a shallow, saucer-like fabric of twigs, rootlets, weed-stalks, bark-strips and other similar material, rather loosely put together. The very handsome eggs are of a pure creamy white, speckled with brown or reddish and lilaceous shades ; they are four or three in number, measuring about 0.85x0.65, and are laid from the last week in May, as in Massachusetts, to middle of June in Maine. WOOD PEWEE. CONTOPUS VIRENS (L.) Cab. Chars. With the form and proportions of the last species, but much smaller. Length, 6.00-6.50 ; wing, 3.25-3.50 ; tail, 2.75- 3.00 ; tarsus, middle toe and claw, together, scarcely or not i.oo; tarsus alone, about 0.50, thus no longer than the bill; no evident white tuft on the flank; head sub-crested, with erectile feathers. Olive-brown, rather darker on the head ; sides with a paler shade of the same, reaching nearly or quite across the breast ; the throat and belly whitish, more or less tinged with yellowish ; under tail-coverts the same, usually streaked with dusky ; tail and wings blackish, the secondaries and coverts edged and tipped with whitish ; feet and upper mandible black ; under mandible usually yellow, sometimes dusky. In numbers according to latitudinal distribution the well-known Wood Pewee presents the reverse state of the case just outlined for the Olive-sided Flycatcher, being most abundant in southern New England, and gradually becoming less numerous as we proceed northward. Nevertheless, it is one of New England's very com- CONTOPUS VIRENS : WOOD PEWEE. 2Q mon birds, and inhabits all of the country. As its name indicates, ft is partial to forests, and on the whole is of a retiring and unfamiliar disposition, though far from shy, and often surrendering the pleasures of solitude for those of society in the orchard or garden. Wherever it may fix its home, whether in the seclusion of sylvan retreats or in the vicinity of man's abode, its presence is soon made known by its oft-repeated melancholy notes, seem- ing to speak some settled sorrow that time can never heal. The sighing of the pines is not more express- ive of mournful fancies than the sobbing of the little sombre-colored bird, flitting apparently inconsolable through their shades. But we need not be moved to pity by the anatomical configuration of a bird's wind- pipe. Let us stick to science, and leave the sham of things to poets. The Pewee is a very practical and doubtless happy bird, brimful of active energy, con- stantly exhibited in the forays it makes after winged in- sects that venture too near its perch, and in the nervous way the wings flutter before and after these spirited ex- cursions, while the lengthened feathers of the crown are alternately erected and depressed with the changing mood of the irritable creature. Quite the opposite of its relative the Phoebe-bird, the Wood Pewee is a loiterer by the way in spring ; though it seems in no particular haste to depart with the waning season. It is in fact one of the latest arrivals among our summer guests — very fashionable in this respect. It scarcely enters Connecticut before the middle of May, and is not generally dispersed over the country before June. The return movement may begin early in Sep- tember, in more northerly sections, but is not completed till the end of that month. Nesting is correspondingly 3O TYRANNIM: : FLYCATCHERS. delayed, the average time being not before the middle of June. The nest is very pretty — a flat, compact, circular structure, with thick walls and well-turned brim, but very thin flooring, closely saddled on a horizontal bough, or set in a forked twig. It is neatly finished on the outside with lichens, like that of the Blue-gray Gnatcatcher or Humming-bird, so as to be effectually concealed from casual search by its resemblance to a natural excrescence of the limb. The principal materials are fine grasses, slender bark-strips and rootlets, circularly disposed, and often fastened with silky or cottony threads. The pre- cise structure of its nest will vary, of course, according to the site selected : the saddled nests being scarcely more than walls of which the bough itself furnishes the basement ; while nests in forks are furnished with more substantial flooring. The elevation above the ground is another variable element, being sometimes only ten or twelve feet, while in other (and more usual) cases the birds build high up in tall trees. Under any circum- stances, however, the nest may be recognized by its shallowness, with its thick, compact, lichen-stuccoed walls, and its spotted, creamy eggs. The eggs, to the usual number of four or three, measuring about o./ox 0.55, are creamy white, blotched with the usual shades of reddish and darker and more lilaceous brown, the markings^ being often wreathed about the larger end. Notwithstanding the procrastination of the bird in build- ing, more than one brood may be reared under favorable circumstances. EMPIDONAX ACADICUS : ACADIAN FLYCATCHER. 31 ACADIAN FLYCATCHER. EMPIDONAX ACADICUS (Gm.) Bd. Chars. Above, clear continuous olive-green, rather darker on the crown, where the feathers have dusky centres ; below, whitish, shaded with olive on sides and nearly across breast, washed with yellowish on belly, flanks, and under wing- and tail-coverts; wings dusky, the coverts tipped, and the secondaries edged with tawny yellow; tail dusky, glossed with olive; a yellowish eye-ring; feet and upper 'mandible brown; under mandible pale. The largest of this genus. Length, 5.75-6.25; extent about 9.50; wing, 2.75-3.00; tail, 2.50-2.75; bill, nearly or quite 0.50; tarsus, 0.66; middle toe and claw, 0.50; point of wing reaching nearly i.oo beyond the secondaries ; ist quill much longer than 6th. Notwithstanding the suggestive name, the "Acadian" Flycatcher is scarcely a bird of New England, and much misunderstanding has resulted from reliance upon erro- neous records of its supposed occurrence in New Eng- land. It should be remembered that it is now scarcely more than twenty years since Prof. Baird first accurately distinguished the four eastern species of Empidonax, concerning which the greatest confusion and uncertainty had before obtained. Passing over all the earlier records which, whether having any basis of fact or not, are too indeterminate for use, we may note the steps by which we have reached the true state of the case. In the first general list of New England birds, Dr. Coues speaks of the Acadian Flycatcher in the following terms : — " Summer resident. Not abundant. This species seems to be more restricted in its' northern range than the others of the genus, apparently not proceeding much farther than Massachusetts. It is not, I believe, recorded 32 TYRANNID^: : FLYCATCHERS. from Maine. But Mr. Samuels erroneously omits it from his Massachusetts list. Earlier authors speak of it as being very common, but so far as I can learn it is quite rare. At Washington, D. C, it is by far the most abun- dant species of the genus." (Pr. Essex Inst., v, 1868, p. 264). This is an inkling of the truth, in recognizing the re- stricted southerly habitat of the bird in comparison with its congeners, and would appear to be well-founded, view- ing the many New England records upon which it was based ; among them that of so careful and reliable an observer as Mr. Allen, who had confidently attributed the species to Massachusetts (Pr. Essex Inst., iv, 1864, p. 54). The uncertainty of the case was soon after remarked by Dr. Brewer (Am. Nat., i, 1867, p. 119), who later communicated to Dr. Coues a note on the subject, which was published in the Birds of the North- west. " I do not think the bird occurs in New England, even in the Connecticut Valley, and believe that Mr. Allen has mixed it up with traillii. I have myself no evidence of its breeding northeast of Philadelphia ; but it is shy and retiring in its habits, and would readily escape notice, so that its presence in New Jersey, New York, and New England may not be uncommon, and yet we not know it." (B. N. W., 1874, p. 251.) In the same work (p. 250) it is stated that the bird "remains to be detected in New England." Dr. Brewer, therefore, very properly expunged the species from his catalogue of 1875, with the following statement : "Mr. Allen in- forms me that the species found in western Massachu- setts, and included by him in the list as the Acadian Flycatcher, is really Emp. Traillii. This leaves us without any evidence of the occurrence of the species, EMPIDONAX ACADICUS I ACADIAN FLYCATCHER. 33 and I have therefore taken it from the list " (Pr. Bost. Soc., xvii, 1875, p. 452). In 1876, in a paper " on two Empidonaces, traillii and acadicus" (Bull. Nutt. Club, 1/1876, pp. 14-17), the sub- ject was well handled by Mr. Henshaw, with special reference to the diffe'rences between the species named in geographical distribution, nesting, and eggs. Then, after it had been made out to every one's satisfaction that the bird had never been known to occur in New England, the claim of this characteristic com- ponent of the Carolinian fauna to a place among the birds of New England was immediately proven by Mr. C. H. Merriam, who marked it in his list as "a rare summer visitant from the middle states," add- ing that " it may breed in the Connecticut Valley " as is doubtless the case. "It affords me great pleas- ure," he continues, "to be able, through the kind- ness of Mr. Erwin I. Shores, to replace this species among the birds of New England. As is well known, it was formerly included in [nearly] all New England lists, but, as shown by Dr. Coues, Mr. H. W. Henshaw, and others, the records were founded on erroneous iden- tifications— the bird having been mistaken for E. mini- mus or Traillii, generally the former. . . . Hence it was with a peculiar sense of gratification that I received, a few days since, an unmistakable example of the species, from Mr. Shores, who relates that he shot it in ' Suffield, Conn., June 24th, 1874, in a piece of woods known as Beech Swamp.' For the benefit of those who may not be disposed to accept my identification in so important a matter, and to avoid all possibility of mistake, I at once sent the bird to my friend, Mr. Robert Ridgway, of the Smithsonian Institute, and he pronounces it to be a 34 TYRANNIC: : FLYCATCHERS. typical E. acadicus" (B. Conn., 1877, p. 58.) This species was soon after restored to its rightful place by Dr. Brewer (Pr. Bost. Soc., xix, 1878, p. 306). Dr. Brewer states that the nest of the Acadian Fly- catcher "is generally placed on a drooping limb of a beech or dogwood tree, at a height of from six to ten feet from the ground. It is never saddled on a limb like that of a Wood Pewee, neither is it pensile like that of the Vireos, but is built in the fork of a small limb, and securely fastened thereto by a strip of bark. The nest itself is mostly made of fine strips of bark or weed stalks, woven together without much care as to neatness or strength, and so slight is the structure that you may often count the eggs in the nest from below. Occasion- ally the bird constructs its nest of the blossoms of the hickory-tree, and when thus made, it is very neat and pretty." (Hist. N. A. Birds, ii, 1874, p. 376.) Mr. Henshaw's article compares the nest with that of E. traillii to find a very striking difference. " It is a slight structure made of fine grasses, interspersed more or less with the blossoms of trees, the whole disposed in a cir- cular form and fitted between two twigs ; a firm support is derived from a binding of spiders' webs, which are interwoven with the sides of the nest, and then carried over the twigs on either side, encircling them with strong bands. The entire base of the nest is without support, and so thin is the slight structure that the eggs might almost be seen from below. It was built in a small tree, perhaps twenty feet from the ground. In this respect the two species vary but little, both preferring to select the lower branches of tree or shrub for their domicile, and only rarely departing from the rule." (Bull. Nutt. Club, i, 1876, p. 1 6.) EMPIDONAX ACADICUS : ACADIAN FLYCAtCHER. 35 This account of the decided peculiarity of the nest is endorsed by Dr. Coues, upon examination of specimens sent to him from Missouri. " Two nests of this species are strikingly different from those of trailli in structure, in materials, and in position. They appear to have been taken from long, slender horizontal branchlets, in the horizontal forks of which they rest. They are shallow nests, — in fact, rather saucer-like than cupped-shape, some three and a half inches across outside by less than two inches in depth, the cavity over two inches across the brim, by scarcely one inch in depth. They are very light, ' open-work ' structures, so thinly floored that the eggs may have been visible to one looking up from below; and the walls, though more compact, still 'let daylight through on all sides. These nests, in short, may be compared to light hammocks swung between forks. Each is composed almost entirely of long walnut aments, which, drooping in slender sprays from all sides, give a tasteful, airy effect to these pretty structures. There is a slight lining in each case of slender grass- stems and still finer rootlets, loosely interlaid in every direction on the bottom, rather circularly disposed around the brim. These specimens were taken June 13 and 18, 1879, in hickory woods, at altitudes of ten and fifteen feet." (Bull. Nutt. Club, v, 1880, p. 23.) According to the same authority the eggs of acadicus are so similar to those of trailli that no one should pre- sume to tell them apart with any show of confidence. They are said to be only three in number. Dr. Coues also gives the following rules for distinguishing the four eastern species of the genus, when site and structure of nests and character of eggs are together taken into con- sideration : — 36 TYRANNID.E I FLYCATCHERS. E. acadicus. Nest in trees, in horizontal forks, thin, saucer-shaped, open-worked ; eggs creamy white, boldly spotted. E. trailli. Nest in trees, in upright crotch, thick, deeply cupped, more or less compact walled ; eggs creamy white, boldly spotted. E. minimus. Nest in trees, in upright crotch, deeply cupped, compact walled ; eggs immaculate white. E.flaviventris. Nest on ground or near it, deeply cupped, thick and bulky ; eggs white, spotted. TRAILL'S FLYCATCHER. EMPIDONAX TRAILLI (Aiid.) Bd. Chars. Above, olive-brown, lighter and duller brownish posteriorly, darker on the head; below,' nearly as in acadicus, but darker, the olive-gray shading quite across the breast; wing-markings gray- ish-white, with slightly yellowish or tawny shade; under mandible pale; upper mandible and feet black. Rather smaller than aca- dicus. Length, 5.50-6.00 ; extent, 8.50-9.50 ; wing, 2.65-2.80 ; its tip only reaching abont 0.66 beyond the secondaries ; tail, 2.50; tarsus, 0.66; middle toe and claw, 0.60. Traill's Flycatcher is a common bird of Southern New England, in suitable localities, during the migrations, which take place in May and September. It is found chiefly in thickets, copses, and low wet woodland, where it may be recognized by one having a good ear for such things by its peculiar note, likened by Mr. May- nard to the syllables kewink', not so quickly uttered, and therefore quite different from the abrupt chebec , or sewic'j of the more abundant and more generally diffused Least Flycatcher. Others syllabify the note by EMPIDONAX TRAILLI : TRA1LL S FLYCATCHER. 37 pretty-dear, with accent on the de. The bird appears to be quite rare in some sections, particularly Eastern Mas- sachusetts, where E. minimus is the chief representative of the genus. According to Mr. Merriam, it is in Con- necticut a common summer resident, arriving early in May and frequenting swampy localities, where it breeds (B. Conn., 1877, p. 58). This may be so; but the diffi- culty of distinguishing the little Flycatchers is well- known, and Mr. Purdie writes me that he thinks there must be some mistake about the bird's breeding in Connecticut. For even though Flycatcher nests " like those of the Indigo-bird " have been found in north- western Massachusetts, the distribution of Traill's Fly- catcher in the breeding season is no less characteristic of the Canadian Fauna than is that of several species which have been used to indicate the difference between that Fauna and the Alleghanian. According to Mr. Henshaw (Bull. Nutt. Club, i, 1874, p. 15), the nest of Traill's Flycatcher may be compared fairly with the usual style of the Summer Warbler, so well known to every one, " but lacks something of the compactness and neatness shown by this species in weaving together the materials that make up its home. Hempen fibres compose the exterior, or the bulk of the nest, while internally it is lined in true Flycatcher style with fine grasses, and a slight admixture of down from thistles ; the main point of all, however, is its position with regard to the branches. It is built into an upright fork, the small twigs that surround it being made available to secure it more firmly in its place by being encircled with the stringy fibres. In this particular of position correspond all the nests of this bird I have seen, as well as those of pusillus in the West." As Mr. Widmann has observed, 38 TYRANNIM: : FLYCATCHERS. " upright fork " in this case does not necessarily mean an upright branch, for the limb itself may be horizontal, or even drooping ; when the nest will be found fastened to twigs which spring up and form a perfect crotch. Several nests, sent from Missouri by Mr. Widmann to Dr. Coues, are thus described by the latter: "The situation, materials, and whole style of architecture of these three nests are different from those of acadicus, and are identical with those of E. minimus (eggs of which latter are pure white, unmarked). They are built in each case on a stouter bough, in the upright crotch formed by two or several twigs springing up from the main stem ; very compact, thick-walled and deeply- cupped structures, let firmly down into the crotch, — the twigs either grooving the walls, as in one instance, or embedded into the substance of the nest, as in the other two cases. The outside diameter is nearly or about three inches, while the depth in one case is quite as much, but in the other two about half an inch less. The cavity is scarcely or about two inches, with a depth of fully one and a half inches, so deeply cupped are these structures. These nests are stoutly built of slender grasses, rootlets, and a variety of bleached vegetable substances disintegrated beyond recognition. Two are lined with very fine grass-stems or rootlets ; a third, with these and horse-hairs ; one has some bits of twine worked into the walls, and in another some large feathers, apparently from the poultry-yard, have been similarly used." These nests were taken from an oak, an elm, and an ailanthus, at heights from six to eight feet, on June 14, 17 and 21 ; one contained three, another four eggs (Bull. Nutt. Club, v, 1880, p. 24). On the subject of these trailli nests from Missouri, Mr. Allen writes to Dr. EMPIDONAX TRAILLI : TRAILL S FLYCATCHER. 39 Coues as follows : " I could not understand your com- parative diagnoses of nests of E. trailli and acadicus until Mr. Brewster showed me a series of nests of E. trailli from Ohio ; for in New England E. trailli builds an entirely different aest from what it does in Ohio and Missouri. The New England nests (Maine, New Hamp- shire and Vermont specimens) are scarcely distinguish- able from the ordinary nest of Cyanospiza cyanea, and consequently suggest no comparison with the nest of E. minimus, being bulky structures of coarse materials, which no one would think could belong to the species building the small, compact nests of soft materials that come to us from Ohio through Dr. J. M. Wheaton, or from Missouri through Mr. Widmann, such as you de- scribe. It seems to me also noteworthy that E. trailli breeds in the interior so much further south than it does in the Atlantic States ; though noted as breeding spar- ingly as far south as Long Island, it rarely nests in New England south of the Canadian Fauna, or south of central or northern Maine, and corresponding points in Vermont and New Hampshire " (loc. cit., p. 25).* A similar account of the nesting of trailli in Maine is given by Mr. Purdie, who remarks upon the differences observed in the structure of the nest and its situation from such as Mr. Henshaw's 'description indicates. "The nest," he says, "is built between the upright shoots of low bushes, from one to five feet from the ground, and is loosely constructed of grasses throughout, including the lining. It is a much less compact nest * Consult also Pearsall and Bailey, " The Country," i, Apr. 20, 1878, p. 371 ; Purdie, ibid., ii, Apr. 27, 1878, p. 9, and May 4, p. 25; Forest and Stream, x, Apr. 25, 1878, p. 216 ; May 9, 1878, p. 255. 4O TYRANN1D.E : FLYCATCHERS. even than that of the Indigo Bird, though perhaps smaller in the average " (Bull. Nutt. Club, i, 1876, p. 75). But with whatever variation in degree of compactness and in materials, the structure is still always a deep cup placed in an upright fork, thus essentially like that of minimus, and quite different from that either of aca- dicus or of a Wood Pewee. The eggs, however, resem- ble those of the Pewee, and especially of the Acadian Flycatcher, in being creamy white and in being boldly spotted. The markings are of different shades of brown, chiefly at or about the larger end of the eggs. The eggs are three or four in number, measuring about 0.64X0.55. The tendency in New England seems to be for the bird to build quite low down in bushes, rather than in trees, and in watery situations, such as alder thick- ets or their vicinity. Mr. C. S. Paine, who seems to have found many nests in Vermont, speaks of them as placed in low alder bushes, three- or four feet from the ground, near running streams. According to Mr. Brewster's observations in New Hampshire and Maine, the bird's "favorite haunts were the dense alder thickets along the rivers and small streams, over those dark retreats, perched on some tall dead branch, full in the rays of the noonday sun. The male sang vigorously, occasionally darting out after some insect, and returning to the same perch. His song consisted of a single dis- syllabic refrain, ke'-iving, uttered jn a harsh, peevish tone, at an interval of about thirty seconds, varied occasionally to ke'-wink or ke' -winch. At each utterance his head is thrown upwards with a sudden jerk. They were retiring, but not shy ; were easily approached, and were apparently not so restless as most Flycatchers " (Hist. N. A. Birds, ii, 1874, p. 371). EMPIDONAX MINIMUS : LEAST FLYCATCHER. 4! LEAST FLYCATCHER. EMPIDONAX MINIMUS Bd. Chars. Colors almost exactly as in traillij usually olive-gray rather than olive-brown ; whole anterior parts often slightly ashy ; wing-markings, eye-ring, and loral feathers plain grayish- white ; feet black ; under mandible usually dusky. Smaller than trailli, and not so stoutly built. Length, 4.80-5.50; extent, 7.40-8.30 ; wing, 2.60 or less ; tail about 2.25 ; bill less than 0.50 ; point of wing reaching only about 0.50 beyond the sec- ondaries. In New England at large this little Flycatcher is the most abundant of all the species, characteristic of no special faunal area, but commonly and almost universally distributed. On the whole, however, it is more numer- ous in southern than in northern New England, and may be entirely wanting in some sections of the latter, where Traill's and the Yellow-bellied are the princi- pal representatives. Compared with the other three, it is next to the most southerly — the Acadian scarcely reaching our boundaries, then the Least, so plentiful to Massachusetts and decreasing in num- bers northward — then Traill's, reversing the regions of relative abundance — then the Yellow-bellied, not yet found breeding except in Maine. The Least Flycatcher enters Connecticut about the first of May, and soon be- comes abundant and generally dispersed in orchards, gardens, parks, and even in the heart of large cities, as well as in woodland anywhere else, thus not particularly affecting the swampy bushy places to which Traill's habitually resorts. It may be known by circumstances of its local distribution, and by its readily recognized 42 TYRANNIC) : FLYCATCHERS. note, the peculiar chebec', cadet', or sewicfr ', of which the various New England writers speak. Remaining through the summer to breed, the little bird migrates southward in September, not entirely withdrawing until about the end of that month. The nests and eggs of the Least Flycatcher have been described with particularity by Dr. Coues, whose account (Birds Northwest, p. 255) is transcribed in sub- stance. The bird generally nests in a sapling or shrub, ten or twelve feet from the ground, — but sometimes scarcely more than a man's height, and in other in- stances up to forty feet. The nest is placed in an up- right crotch formed by two or several twigs generally no thicker than one's finger. In one case it was on the bending trunk of an elm, but rested, as usual, among a set of upright twigs. It is* very deeply let down into the crotch, and usually bears their deep impressions. The female is so close a sitter, that sometimes she may almost be taken in hand before she deserts her charge ; and then she only flutters to a little distance and moves uneasily about, uttering a low mournful note. The nest is a neat little structure, with a basis of fine fibrous inner bark and decomposed substance of various weeds, matted with plant-down into a soft, warm, yet firm struct- ure, finished internally with a special lining of plant down, confined with a slight layer of horse-hair or the finest possible grass-tops. The frame of the nest is well finished and even, with circular disposition of the fibres composing it, while the lining material is inter- laced in all directions. These elegant structures vary in size from two and a half inches across outside and less than two in depth, to nearly three inches in both these dimensions. The cavity is large for the bulk of EMPIDONAX MINIMUS I LEAST FLYCATCHER. 43 the nest. The eggs are generally four in number, some- times only three ; five were not found in any one of six nests examined. The average size of twenty specimens was 0.65x0.50, with 0.68x0.52 and 0.59X0.50 as the extremes of size and shape. They are pure white, and normally without any markings whatever ; but, as in the similar case of the Pewit Flycatcher, occasional eggs are found to be dotted. A case of this kind has been in- stanced by Mr. R. Hayward, who found a nest in an apple tree at Milton, Mass., containing three normal eggs, and one minutely dotted with reddish-brown, meas- uring 0.63X0.50. The identity of this nest is vouched for by Mr. Brewster : it was " like others of this species, and the bird had the well-known note of chebec" (Bull. Nutt. Club, iv, 1879, p. 124.) The gradual influence of civilization, which may in time become as marked in the case of this species as it has in that of the Pewit, has been noted by Dr. Brewer with reference to the materials composing the nests. " Those made on the edge of woodlands or in remote orchards are wrought almost entirely of fine deciduous bark, hempen fibres of vegetables, feathers, dried fragments of insect cocoons, and other miscellaneous materials felted or impacted together ; within this is a lining of fine strips of vegetable bark, woody fibres, fine lichens and soft downy feathers. In some the lining is ex- clusively of fine pine leaves, in others with the seeds or pappus of compositaceous plants. Those made in the vicinity of dwellings indicate their neighborhood by the variety of miscellaneous and convenient materials, such as bits of paper, rags, cotton, wool, and the larger and more conspicuous feathers of the poultry-yard. Where raw cotton was abundantly provided, I have known this 44 TYRANNISE I FLYCATCHERS. material, strengthened with a few straws and woody fibres, with a lining of feathers, constitute the whole substance of the nest." And again, as to the increasing sociability of the birds themselves : " They are much addicted to particular localities, and return to the same spot year after year, if undisturbed. A pair that had established their hunting-grounds in an open area north of a dwelling in Roxbury returned to the same spot for several successive years, and would come regularly to the piazza of the house, where bits of cotton were ex- posed for the benefit of such of the whole feathered tribe as chose to avail themselves of it. Each year they drew nearer and nearer to the house, until at last the nest was made in a clump of honeysuckles on a corner of the piazza, whence they would sally forth in quest of insects, entirely unmindful of the presence of the family." (Hist. N. A. Birds., ii, 1874, p. 373.) YELLOW-BELLIED FLYCATCHER. EMPIDONAX FLAVIVENTRIS Bd. Chars. Above olive-green, clear, continuous and uniform, as in acadictis ; below decidedly yellow, bright and pure on the belly, shaded with olive on the breast and sides. Eye-ring, wing-markings, and under mandible yellow ; feet black. Size of trailli or rather less ; feet proportioned as in acadicus ; bill shaped nearly as in minimus, but rather larger ; first quill usually equal to sixth. The Yellow-bellied is not so well-known in New Eng- land as either of the two foregoing, though the character implied in the name is very distinctive on comparison of E. FLAVIVENTRIS I YELLOW-BELLIED FLYCATCHER. 45 specimens. It appears to be rather uncommon, is chiefly seen during the migrations, and thus far is only known to breed in Maine. Reaching Connecticut about the middle of May, and to be found there till June, it passes on to its breeding grounds and returns in September. It doubtless withdraws entirely,* as a rule, during that month, notwithstanding that specimens have been taken at dates so irregular as November 29 and December I (Bull. Nutt. Club, iii, 1878, p. 101). Mr. C. J. Maynard has apparently had more experience with the species than most observers have enjoyed. In his catalogue of Massachusetts birds he speaks of taking a dozen from May 31 to June 10, 1869, eight of them in a few hours on June i. "I do not doubt," he says, "that it has oc- curred in previous seasons, but, being unaccustomed to its low note, — which is like the syllable pea, very plain- tively and prolongedly given, — and its retiring habits, I had not detected it before. The specimens captured were all, — with the exception of the first, which was shot in a tall oak, — taken in low swampy thickets." In another place he adds that he found the bird in dark swamps at Upton, in Maine, where for the first time he heard any other note than the low pea ; it was like the syllables Jeillic, very gravely given, with a long interval between each utterance, and much less energetic than the corresponding note of E. trailli. Mr. Purdie endorses the fact that this kil-lic note is not at all like the sound of Traill's voice, but nearer that of the Least Flycatcher. "The pea" he continues, in a letter to the editor, "which I consider to be the song of the species, is given in the style of the Wood Pewee, but is much fainter, and in one syllable instead of two or three, and repeated several times." Although during the 46 TYRANNID^ : FLYCATCHERS. migration the birds may be dispersed in high or mixed woods, their preference for swamps becomes evident when we know their breeding habits, which may now engage our particular attention. It has proved no easy task to disentangle the history of this species from that of its two nearest relatives, con- sidering the conflicting or erroneous accounts which have crept into the books, resulting from wrong identification of nests or other mistakes. Thanks to several active and successful New England observers, the doubt has been dispelled, and the nest and eggs of flaviventris should be as recognizable as those of any other species. One of the most satisfactory accounts, which may be transcribed in part, is that given by Mr. Purdie in the Nuttall Bulletin for October, 1878, p. 166. Remarking that Dr. Brewer, and, following him, Dr. Coues, had described the eggs as white, unmarked, he notes his experiences with the bird at Houlton, Me. " Mr. Bradbury informed us that he had found, on June 15, a nest unknown to him, with one egg. On the i8th he conducted us to the edge of a wooded swamp, and pointing to the roots of an upturned tree, said the nest was there. We ap- proached cautiously and soon saw the structure, and then the sitting bird, which appeared to be sunken in a ball of green moss. Our eager eyes were within two feet of her, thus easily identifying the species, when she darted off ; but, to make doubly sure, Mr. Deane shot her. There was no mistake ; we at last had a genuine nest and eggs of the Yellow-bellied Flycatcher. A large dwelling it was for so small and trim a bird. Built in and on to the black mud clinging to the roots, but two feet from the ground, the bulk of the nest was composed of dry moss, while the outside was faced with beautiful E. FLAVIVENTRIS I YELLOW-BELLIED FLYCATCHER. 47 fresh green mosses, thickest around the rim or parapet. The home of the Bridge Pewee (Sayornis fusciis] was at once suggested. But no mud entered into the actual composition of the nest, though at first we thought so, so much was clinging to it when removed. The lining was mainly of fine black rootlets, with a few pine-needles and grass-stems. The nest gives the following measure- ments : depth inside one and a half inches ; depth outside four and a quarter inches ; circumference, inside, seven and a quarter inches. The eggs, four in number, were per- fectly fresh, rounded oval in shape, and of a beautiful rosy-white tint, well spotted with a light reddish shade of brown." Mr. S. D. Osborne soon supplemented this excellent account (ibid., p. 187): "On Monday, June 10, 1878, while collecting in company with Mr. R. F. Pearsall, on the island of Grand Menan, I flushed a Yellow-bellied Flycatcher, which seemed to come from directly under my feet. The locality was a good-sized hummock of moss, in swampy ground at the edge of some low woods. For some time I was unable to find any signs of a nest, but finally I discovered a small hole one and a half inches in diameter in the side of the hummock, and on enlarg- ing this opening the nest, with four eggs, lay before me. The bird, which had all the time been hopping around within a few feet of our heads, was at once shot. The cavity extended in about two inches, was about four inches in depth, and was lined with a very few grasses, black hair-like roots, and skins of berries. The eggs, four in number, are white, with a very delicate creamy tint, which differed in its intensity in different specimens, and are spotted, mostly at the larger end, with a few dots and blotches of a light reddish shade." About a year 48 TYRANNID^E : FLYCATCHERS. later Mr. Osborne discovered another nest in Oxford County, Me., in a similar situation, with four eggs well advanced in incubation on the i8th of June. "The nest was built in the side of a hummock of moss, under the roots of a small tree, and was only about half covered over, the eggs being clearly visible from the outside." The eggs were also spotted. (Bull. Nutt. Club, iv., Oct. 1879, p. 240.) To place this matter of the lowly nesting and spotted eggs of the Yellow-bellied Flycatcher, by which it differs somewhat from all its eastern congeners, beyond all doubt for the future, I will sum the observations of a third independent observer who himself took two nests, making five in all here described. Mr. C. F. Batchelder's first nest was taken June I4th, 1879, at Fort Fairfield, Me., in wet mixed woods. It was placed on the edge of a bank formed by a decayed tree trunk, over a pool, protected from view by some green moss growing upon a projecting root, and partly sunken in the surrounding moss. The materials were fine brown roots, bits of rotten wood, the scaly coverings of buds, apparently of the arbor vitae, together with a few sticks and withered leaves, and one or two bits of arbor vitae and green moss ; with fine black rootlets and withered grasses for lining. The outer diameter was four inches, the inner two and three eighths, with an outer depth of two and a quarter, and cavity one and a quarter deep. The four eggs were white, with a slight creamy tinge, spotted and blotched with two shades of light reddish-brown, mostly about the larger end ; two of the eggs also having a few fine dashes and specks of black over the other markings. These four measured 0.68x0.52; 0.68x0.52; o.66x 0.51; 0.66x0.51. The other nest, found June 27, E. FLAVIVENTRIS : YELLOW-BELLIED FLYCATCHER. 49 among a tangle of fallen trees, was situated about two feet from the ground on the side of a moss-covered stump, deeply sunken in the soft green moss, which covered it above, though the eggs were visible from the outside. It was a bulky, compact mass of the same moss, with a few bits of arbor vitae and one <3r two sticks, thinly lined with grass-stems and rootlets ; its outer diameter four and a quarter, depth four; inner diameter two, depth one and a half. The four nearly fresh eggs were precisely like those just described in ground-color and markings, but ran a trifle larger, the extremes being 0.67X0.51 to 0.70X0.54. (Bull. Nutt. Club, iv, 1879, p. 241.) It may be added that a sixth nest, taken by Mr. N. A. Eddy on an island in Penobscot Bay, June 13, 1880 was similarly circumstanced, and the eggs were not dif- ferent from those described above, though ranging a little less in size — not over 0.65X0.51. (Bull. Nutt. Club, v, 1880, p. 241.) 5