siderable, the sparrows again collected in the tree; and now the hawk rushed out instead of in, and bore a luckless sparrow in his claws.
I think that we have here all that I claimed, when speaking of ingenuity on the part of adult birds in seeking their food. There was in the above instance a painful consciousness, at first, of failure to secure the desired prey; there was a determination to succeed, in spite of failure at the start, and a correct determination of the cause of failure, coupled with the invention of a plan by which the difficulties might be overcome. What more should be required to demonstrate that the mental powers of lower animals differ from those of man solely in degree?
Again, let us consider a case of ingenuity displayed by a bird in successfully avoiding an enemy. Here there is more cause to be surprised at the result, inasmuch as there was no cessation of the attack, to give the pursued bird time for considering how best to act under the circumstances; but, while fleeing for life, it matured a plan of escape that happily succeeded. This instance of ingenuity on the part of a pursued bird I have already related (Land and Water, March 2, 1872), but, considering it more remarkable than any other that has occurred to my knowledge, and having witnessed a repetition of it, two years later, I again relate it, in preference to other instances I have noted, bearing upon the same subject. The case is that of a "king-rail" (Rallus elegans), which my spaniel flushed in open ground, the grass not being tall enough to conceal it. The bird trusted wholly to running, and kept clear of the dog; frequently it "doubled," and seemed to enjoy the chase; but, evidently becoming somewhat fatigued, as shown by the nearer approach of the spaniel, it ceased doubling, but, running in a straight line some distance, it allowed the dog to get within a foot or more, when it jumped, with a single flap of its wings, a foot or more from the ground; then dropping down quickly behind the dog, it turned and ran in the opposite direction, gaining considerable ground before the impetuous spaniel could check its speed, turn about, and follow. Here, again, as we would express it, in describing any human experience, "the circumstances of the case were taken into consideration" by the pursued bird, and, without taking to flight, as would seem the more natural act, it surmounted the difficulties, and effected its escape. I can conceive of no other way of explaining this action of the rail-bird, than by admitting that a train of thought passed through the brain of the bird—that it thought, "If I can gain time, I am safe," just as any pursued person would think that, if he could reach some spot, be heard, etc., he would be safe. And, while yet running at great speed, the bird thought of an ingenious plan, by which it did gain time, and reached the reedy creek-bank in safety.
It might be argued that a single act of a bird, at some one time, and under peculiar circumstances, does not constitute a habit—that it simply chanced to do so and so; but a second occurrence of the kind
