I am informed by Mr. Thomas H. Jackson, an accurate observer, resident in Westchester, Pa., that this Flycatcher arrives in that neighborhood early
in May, constructing its nest about the first of June. This is generally placed on a drooping limb of a beech or dogwood tree at the 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 those 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 very slight is the structure that you may often count the eggs in the nest from below. Occasionally this bird constructs its nest of the blossoms of the hickory-tree, and when thus made is very neat and pretty.
The eggs are generally three in number (Mr. Jackson has never known more in a nest), and they are said to be of a rich cream-color, thinly spotted near the greater end. The Cow-Bird sometimes imposes on this species with its parasitic offspring, but not so often as upon other birds.
Mr. Jackson also informs me that this is quite a common bird in some localities. In one piece of woodland, half a mile east of West Chester, he can every season meet with six or eight of their nests, while in another direction, in a wood apparently similar in every respect, he has never met with any.
Mr. J. A. Allen mentions finding this Flycatcher as a rare summer visitant in Western Massachusetts, where, as he states, it breeds in swamps and low moist thickets, which are its exclusive haunts. He characterizes it as one of the most spirited and tyrannical of this genus. It is said to have a short quick note, sounding like quequeal, which it utters hurriedly and sharply, and to have an erect, hawk-like attitude. He adds that it is very quarrelsome with its own species, a battle ensuing whenever two males meet. They pursue each other fiercely, with snapping bills and sharp, querulous, twittering notes. He found it a very shy bird, and difficult to collect, frequenting exclusively, so far as he was able to observe, thick alder-swamps and swampy thickets, keeping concealed among the thick bushes, or at a great distance.
Wilson’s history of this species is quite brief, and he expressly states that it is a bird but little known. His account of its nest and eggs is inaccurate, and refers probably to that of the minimus, as also the statement that it extends its migrations as far as Newfoundland. He found it inhabiting only the deepest solitary parts of the woods, stationed among the lower branches, uttering at short intervals a sudden, sharp squeak, heard at considerable distance through the woods. As it flies, it utters a low, querulous note, which it changes, on alighting, to its usual sharp cry. He adds that it is a rare and very solitary bird, always haunting the most gloomy, moist, and unfrequented parts of the forest, feeding on flying insects, devouring wild bees and huckleberries in their season.
To this account Audubon furnishes but little additional that is reliable. He evidently confounded with it the minimus, repeats Wilson’s description of its
eggs, and is incorrect as to its northern distribution. He speaks of it as extremely pugnacious, chasing from its premises every intruder, and when once mated seldom leaving the vicinity of its nest except in pursuit of food. His description of the nest applies to that of the minimus, but not to that of this species.
Mr. Ridgway writes me that in Southern Illinois it is the most abundant of the Empidonaces, breeding in the same woods with E. trailli. It is so exceedingly similar to that species in manners and general habits that they are hard to distinguish, and it requires a long acquaintance with the two in the woods to learn to distinguish them when seen or heard. A close attention, however, shows that the notes of the two are quite distinct.
Mr. Dresser mentions finding this species not uncommon near San Antonio, Texas, during the summer. Its stomach was found to contain small insects. Dr. Woodhouse also speaks of it as common in Texas, New Mexico, and the Indian Territory, but at what season is not mentioned.