The trial was awaited with much interest by the people of the Mainland.  No one doubted that the prisoner would be found guilty of a capital offence.  The only question that gave any one concern was the nature of the punishment that his guilt would merit.

But several weeks before the date fixed for the trial an event occurred which made all speculation superfluous.  One morning the rumour reached Stromness that Tom Kinlay and all the smugglers had escaped from Kirkwall jail.  At first this was generally discredited, for the building in which the men were confined was a notably strong one; but later reports confirmed the rumour.  The authorities had trusted more to the strength of the prison than to the vigilance of the guard; and one dark night, by the aid of some of their comrades outside and the treachery of one of the jailers, the prisoners effected an easy escape.  Dodging through the narrow streets they went by various ways to the harbour, and there took forcible possession of a small brig that was lying at anchor in the bay.  Before the alarm spread the vessel was far out at sea beyond the possibility of pursuit.  The escape was well planned, and as the brig was fully provisioned, her destination could only be surmised.

It was commonly believed that the fugitives would return to their old trade of smuggling, and, as the men’s knowledge of navigation was known to be extremely limited, it was not thought that they would venture upon a voyage to very distant parts.

At this time I was away on a short trip in the Falcon.  We touched at the island of Rousay, and here we learnt that some smugglers in a strange brig had, two days earlier, made a daring raid upon one of the small villages, robbing the inhabitants of their most precious possessions.  We heard a similar story at Papa Westray.  But it was not until our return to Stromness that we associated these piratical raids with Tom Kinlay and his companions.

A few weeks afterwards a Glasgow barque, named the Surprise, put in at Stromness, and reported having, on passing one of the Outer Hebrides, rendered assistance to a wrecked vessel, which, though bearing another name, answered exactly to the description of the stolen brig.  Among the passengers on the Surprise was Captain Gordon, who had left his ship, the Lydia, at Greenock, and was now on his way to Leith.  He had gone out in the ship’s boat to the wreck.  One of the crew was saved, an Orkney man; but the rest were all lost, including, as we afterwards heard, young Tom Kinlay, whose career of crime was thus brought to an early termination.

Mrs. Kinlay, who was a gentle and good woman, had much tribulation to bear up against in the unhappy deaths of her husband and son; and, having but little of the sympathy of her neighbours, she resolved to leave the island.  Accordingly, as soon as she recovered her health, the farm, stock, and furniture at Crua Breck were sold, and the unfortunate widow took passage over to Caithness, where she remained among her relatives for the rest of her days.