The federal court jury considering the fraud and conspiracy case against Mary Treadwell continued its deliberations yesterday for the fifth day, but once again did not reach a verdict.

The jury of eight women and four men did not resume its deliberations until 2 p.m. because one of the jurors said she was ill in the morning. The jurors later took a break for dinner and then resumed consideration of the complex case last night until 9 p.m. when they quit for the day.

The jurors have now spent more than 35 hours considering the 21 fraud, conspiracy, false statement and tax evasion charges against Treadwell. But the jurors have not given U.S. District Judge John Garrett Penn any hint of their progress. Penn ordered the jury to resume its deliberations at 9 a.m. today.

Treadwell, 42, is accused of using her now-defunct real estate firm, P.I. Properties Inc., to defraud the federal government and the impoverished tenants at the Clifton Terrace apartment complex of thousands of dollars to enrich herself.

Later, Penn rejected a request by John W. Nields Jr., Treadwell's court-appointed attorney, that the judge reinstruct the jury on the conspiracy charge to make certain that the jurors understood the object of the conspiracy Treadwell is charged with, "to unjustly and illegally enrich" herself, and to note that she should be acquitted if the jury did not feel the government had proved such an object.

Assistant U.S. Attorney Stephen R. Spivack objected, saying that the jury had not requested any clarification of the evidence or the legal instructions Penn gave the jurors.

Penn agreed with the prosecutor, saying, "There is no indication that they didn't understand the original instruction" on the conspiracy law.