This soldier's name and unit caught my attention. I'm familiar with a James R, Ware who was a Lieutenant in Company G of the 22nd Miss Regiment. So many similarities; the only difference is the middle initial "M" versus "R".
I wanted to check out his service records in FOLD3. I can't find any rosters for 28th Mississippi Regiment. Sometimes it is hard to browse through their folders as they are not arranged numerically. They have a Twenty-Eight Cavalry listed before Twenty-first Infantry. But I don't see a Twenty-Eight Infantry. (I did look for a Ware in the 28 Cavalry but nothing.)
I agree that your James M. Ware does not match up with James R. Ware, who was a resident of Carroll County where he enlisted in the Black Hawk Rifles. So I'm really just asking where are his service records in FOLD3??