James K . Marshall James Keith " Jimmy " Marshall ( April 17 , 1839 – July 3 , 1863 ) was a Confederate Army officer during the American Civil War . Marshall commanded the wounded J . Johnston Pettigrew ' s brigade during Pickett ' s Charge at the Battle of Gettysburg . He was killed during the assault . Early life . Marshall was born in Fauquier County , Virginia , to Edward Carrington Marshall and Rebecca Courtenay Peyton Marshall . He was a grandson of Chief Justice of the United States John Marshall . He was related through blood or marriage to Thomas Jefferson , George E . Pickett , and Robert E . Lee . His great - grandfather had attended school with George Washington and was commander of the 3rd Virginia Infantry during the American Revolutionary War . He was also a first cousin of Col . Thomas A . Marshall and second cousin of General Lee ' s aide , Col . Charles Marshall . James K . Marshall graduated from the Virginia Military Institute in 1860 . He was chosen as the final orator for graduation ceremonies by the Society of Cadets . He also served as first lieutenant of a cadet company . When the Civil War broke out , Marshall was serving as a teacher in Edenton , North Carolina . Civil War . Marshall became a captain of Company M of the 1st North Carolina " Bethel Regiment " of Col . Daniel Harvey Hill in the spring of 1861 . He did not take part in the Battle of Big Bethel . He was made colonel of the 52nd North Carolina on April 23 , 1862 under the command of Brig . Gen J . Johnston Pettigrew , despite having no combat experience . Marshall was initially elected to the post of lieutenant colonel and Zebulon Vance was elected colonel , however , Vance declined the position so Marshall took the spot instead . Marshall spent much of this period defending the Blackwater River . Pettigrew ' s Brigade joined the Army of Northern Virginia in late May 1863 , for the Gettysburg Campaign . Gettysburg . Pettigrew ' s Brigade saw intense fighting during the Battle of Gettysburg . On July 1 , 1863 , Marshall ' s regiment initially encountered two companies from the 80th New York Infantry at the Harmon farm . After dispersing these men , a portion of the 52nd North Carolina fought part of the 8th New York Cavalry at Meal ' s Orchard . The 52nd crossed Willoughby Run and faced resistance from more cavalry units around Fairfield Road . After crossing Fairfield Road , Marshall ' s men slammed into the flank of the 121st Pennsylvania of Lt . Col . Alexander Biddle , routing them from the field and sending them running toward Seminary Ridge . Marshall ' s men next attacked the 80th New York of Col . Theodore Gates and forced them to retreat . Soon after this attack , Maj . Gen . Henry Heth was wounded and Pettigrew was elevated to divisional command . Due to the high casualty rate in Pettigrew ' s Brigade command structure , Marshall was given charge of it . The brigade suffered 1 , 100 casualties out of 2 , 584 engaged , however Marshall ' s 52nd North Carolina suffered only 26 casualties . The brigade was not involved in any fighting on July 2 , 1863 . Marshall had the brigade ' s Moravian band perform for the men to heighten their morale after the first day ' s carnage . Leading the decimated brigade during Pickett ' s Charge , Marshall ' s men crossed the field around the Bliss Farm and Stevens ' Run and then crossed the Emmitsburg Rd , coming under withering fire at the fence line . While crossing the Emmitsburg Road , Marshall turned to Capt . Stockton Heath ( son of Maj . Gen . Henry Heth ) and said " We do not know which of us will be next to fall . " Just minutes later , as Marshall neared the stonewall on Cemetery Ridge he was struck in the forehead and killed instantly by two bullets while cheering his men on . Aftermath . Marshall ' s family did not know what had happened to him until several months later when they received a letter from Marshall ' s cousin F . Lewis Marshall informing them of James K . Marshall ' s death at Gettysburg . The family had heard conflicting reports of Marshall ' s fate , and thought that he was a prisoner of war . Marshall ' s remains were buried on the field at Gettysburg . It is assumed , but not known for sure , that he was re - interred at Hollywood Cemetery in Richmond , Virginia .